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BURNET'S NOTES 



Entered according to Act of Congress, in the year 1847, 

BY DERBY, BRADLEY & CO. 

In the Clerk's Office of the District Court for the District of Ohio. 



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CINCINNATI: 

Morgan 8; Overend, Printers. 



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MEMORANDUM 



About ten years ago, the writer of the following chap- 
ters was requested by a friend, to commit to paper, a bio- 
graphical sketch of himself, accompanied by a statement 
of such facts and incidents relating to the early settlement 
of the North- Western Territory, as were within his recol- 
lection, and might be considered worth preserving. 

It was foreseen that the execution of such a request, 
would necessarily be attended with delicacy and difficulty. 
Many of the matters embraced in it, related, more or less, 
to liimself, and he did not believe that they could be of 
much interest, even to friends ; and certainly, of much less 
to the public generally. Besides, many occurrences in the 
early settlement of the country, which were of some im- 
portance at the time, had escaped his recollection, or 
were imperfectly remembered. 

The request, however, was complied with, in a series 
of letters, written in 1837, which were laid before the His- 
torical Society of Ohio, by the gentleman to whom they 
were addressed, and ordered to be published among the 
transactions of the institution. 



viii MEMORANDUM. 

That book being out of print, the writer has been urged, 
by many of his personal friends, and by others, to revise, 
enlarge, and put them in a more convenient form for 
publication. He consented to do so, and the result is 
now submitted to the public. The work claims for itself, 
nothing more of merit, than belongs to a collection of au- 
thentic, detached, facts; set down with more regard to 
truth, than to polish of style, or chronological arrangement; 
from which the historian may select materials for future 
use. 

The waiter does not suppose, that any of the occurren- 
ces recited in the work, derive additional consequence from 
the fact, that he has been in any way connected with them. 
His name is mentioned, because the omission of it might 
render the narrative obscure, and less intelligible. The 
facts are equally interesting, be the adventurer who he 
may. " Mutato nomine, de te fabula narratur .'''' 



CONTENTS. 



Memorandum, 

INTRODUCTION. 

The Grandfather and Father of the author.— Where born and educated.— 
The latter, Dr. Wm. Burnet, engaged in the revolutionary struggle in 
1774._Was chairman of the Committee of Public Safety.— Treatment 
of the Tories.— Dr. B. elected to Congress.— Appointed Physician and 
Surgeon General of the eastern department, April, 1777.— Stationed at 
West Point when the treason of Arnold was discovered.— Capture of 
Major Andre.— Measures to procure his liberation.— Threats used.— 
Offer to exchange him for Arnold.— Firmness of Washington.— Deli- 
cate treatment of Andre.— Tried, convicted and hung.— Note.— Mili- 
tary movements on Long Island. — York Island. — Retreat to the Dela- 
ware. — Battle of Trenton. — Battle of Princeton. — American army put 
in winter quarters.— Attempts to injure the character of Washington. — 
His character defended. 1' 



CHAPTER I. 

Population of the Territory in 1795-6.— Description of Cincinnati at that 
time.— Progress of settlement from 1788 to 1800.— Public buildings.— 
Social influence of the garrison. — Ordinance of 1787. — Its provisions. — 
Appointment of officers under it.— Treaty of Fort Harmar.— Re-organi- 
zation of the Territorial Government. — Legislation of the Governor and 
Judges.— The Maxwell Code. 31 



CONTENTS. 



CHAPTER II. 

Western Pioneers chiefly Revolutionary characters. — Colony from New 
England in 1787. — Formed by Cutler, Sargent & Co. — Arrive at the 
Yoghigany in the fall of 1787. — Encamp for the winter. — Reach Ma- 
rietta in April 1788. — Block-house erected. — A school and a church 
established. — Gen. R. Putnam leader of the party. — His character. — His 
appointment to office. — Poverty of Revolutionary officers drove them to 
emigrate. — Their sufferings. — Settlement under Major Stites, at Colum- 
bia. — Under Denman & Co. at Cincinnati. — Under Judge Symmes, at 
North Bend. — Losanteville, intended name of a town never laid out. — 
Troops sent by Gen. Harmar, to the Miami settlements. — ^Where sta- 
tioned. — Their behavior. — Attacked by the Indians at North Bend. — 
Major Mills severely wounded. — Villages laid out. — Donation lots. — 
Intervdew of Symmes with the Indians. — Settlement at Columbia plun- 
dered. — Captain Flinn taken prisoner. — Made his escape. — Comparative 
strength of the settlements at the Miamies. — Fort Washington built by 
Major Doughty. — Judicial Courts first established. — Anterior arrange- 
ments for administering Justice. — Indian hostilities. — Complaints of 
Judge Symmes against General Harmar for withholding protection. — 
Temerity of the Pioneers and the Troops. 42 



CHAPTER III. 

Counties in the Territory. — Their Seats of Justice and Courts. — The Gen- 
eral Court. — Its powers. — Its usurpations as Legislators. — Fatigue and 
exposure of the Bar.-^Extent of their circuit. — A game of Indian foot- 
ball. — Journey from Cincinnati to Vincennes, in December, 1799. — 
Gen. George Rogers Clark. — His achievements and victories. — His con- 
quests the chief ground of the American claim to the North-western 
Territory. — Embarrassments of his situation. — His expedients to sup- 
port his troops. — Ingratitude of the Government. 62 



CHAPTER IV. 

Indian depredations and murders. — Alarm in the Frontier Settlements. — 
Letter of Judge Innes to the President. — Other letters of a similar char- 
acter. Strong hold of the Indians on the Ohio, near the Scioto river. — 



CONTENTS. Xi 

Inattention of the Government complained of. — Expedition of General 
Scott. — Indian depredations continued. — Communication from Gov. St. 
Clair to the commandant at Detroit. — Unsuccessful embassy of M. 
Gameline, to. the Indians. — Increase of the military force. — Arrival of 
troops at Fort Washington. — Inefficient character of the Militia. — Har- 
mar's campaign. — Its success. — And subsequent disasters, denominated 
a defeat. — Acquitted by Report of Board of Inquiry. — Murder of Hardin 
and Trueman. — Observations on the Campaign. — List of officers killed. 83 



CHAPTER V. 

The early adventurers to the Miami Purchase. — Stations erected. — At- 
tacked by the Indians. — Communications of President Washington to 
Congress. — Statement showing the weakness of the Ohio Company's 
settlement. — Gen. Scott's expedition against the Wabash Indians. — Its 
celerity and success. — Colonel Wilkinson's expedition against the same 
tribes. — Conducted with skill and success. — Organization of Gen. St. 
Clair's army. — Encamped at Ludlow's Station. — Its number. — The 
campaign. — The cause of the defeat. — Court of Inquiry. — The Gen- 
eral acquitted of all censure. 108 



CHAPTER VI. 

Situation of affairs on the Frontier. — General Wayne appointed to the 
command. — Gallant engagement of Major Adair with the Indians. — 
Commissioners appointed to treat with the North-western tribes. — 
Their instructions. — Their negotiations. — Improper interference of 
British officers and agents. — Failure of the negotiation. 132 



CHAPTER VII. 

Condition of the Western Army in 1793. — Encampment at Hobson's 
Choice. — Discipline of the army. — Order of march. — Fortifications at 
Greenville. — Indians attack Fort Recovery. — Repulsed with very heavy 
loss. — Proofs of British influence over the Indians. — Lieutenant Lowery 
attacked.— Defeated.— -Killed. 155 



xii CONTENTS. 



CHAPTER VIII. 

Gen. Wayne's campaign of 1794. — Battle of the 20th of August, at the 
foot of the Rapids. — Gen. Wayne's correspondence with the command- 
ant of the British Fort. — Army return to Fort Defiance. — From thence 
to the Miami villages. — Fort Wayne built. — Kentucky volunteers dis- 
charged. — Residue of the army proceed to Greenville. — Note. — The 
number and tribes of the Indians engaged in the battle of the 20th of 
August. — Aid furnished them by the British. — Influence of British 
agents ascertained. 167 



CHAPTER IX. 

Weakness of the American army. — Intrigues of the English agents with 
the Indians. — Communications to Gen. Wayne from Chiefs of different 
tribes. — His answers. — Proposals for a conference at Greenville. — The 
Shawanese propose to remove west of the Mississippi. 183 



CHAPTER X. 

State of the American army and of the Indians, in 1794-5. — Indians 
begin to collect at Greenville. — Preliminary conferences. 192 



CHAPTER XI. 

Commencement of the negotiations in full council. — Introductory speech 
of General Wayne. — Speeches of the Chiefs of the different tribes. — 
Progress of the negotiations. 206 



CHAPTER XII. 

Treaty of Greenville concluded, signed and ratified. — Numbers of the 
different tribes of Indians parties to the treaty. — Proclamation of Gen. 
Wayne. 236 



CHAPTER XIII. 

Surrender of the North-western posts by the British, in 1796. — Made to 
General Wayne, appointed for that purpose. — Death of General Wayne. 



CONTENTS. Xiii 

— Sketch of his life. — Detroit. — Its Commerce and Society. — Their hos- 
pitality. — Celebration of the king's birth-day at Sandwich. — General 
invitation to the Americans at Detroit, including the General Court 
and the Bar. — Note. — Gen. Wilkinson's charges against Gen. Wayne. — 
Unfounded. — Contrast between the two men. — Their controversies. — 
Their effect on the army. — The officers take sides. — Two parties form- 
ed. — Note. — Canadian French at and near Detroit. — Their character. — 
Their habits. — Their objections to free government. — Delays in admin- , 
istering justice. — Judicial decisions of the military commandants — Ac- 
ceptable to the French inhabitants. — Pawnee Indians bought and sold 
as slaves. 275 



CHAPTER XIV. 

Five thousand white males in the Territory. — Proclamation of the Gov- 
ernor — Delegates to the Assembly elected. — Second grade of Territorial 
Government organized. — Members of the first Territorial Legislature. — 
Their Character — Talents — Employments. — Movements of Colonel 
Burr. — Mr. Smith implicated. — Probably without cause. — Burr's visit to 
Cincinnati. — Notice taken of him. — ^War with Spain contemplated. — 
May account, probably, for Burr's movements. — Principles of the Fed- 
eral party. — Their agency in forming and adopting the Federal Consti- 
tution. — Condition and character of the country improved by their 
measures. — Origin of their name. — Have long ceased to exist as a party. 288 



CHAPTER XV. 

Legislature assemble at Cincinnati. — Their proceedings. — Harrison elected 
Delegate to Congress. — His instructions. — His course in Congress ap- 
proved — Territory divided. — Harrison appointed Governor. — The Ordi- 
nance of 1787. — Its provisions. — Liberty, civil and religious, secured. — 
Territorial code defective. — Remedied by the Legislature. — French in- 
habitants. — Their common fields. — Burning of Prairies. — Injury result- 
ing. — Regulated. — Jurisdiction on the Ohio River. — Claims of Ken- 
tucky. — Inconveniences. — Act of the Legislature touching it. — Com- 
pact between Virginia and Kentucky. — Legislation of the Governor and 
Judges. — Of the General Assembly. — Education encouraged. — Protec- 
tion of the Indians. — Vetoes of the Governor. — Property qualifica- 
tion.— Limited slavery. — Attempt to introduce it. — Auditor's Certifi- 
cates. — Address of the General Assembly, complimentary to President 
Adams. 300 



CONTENTS. 
XIV 



CHAPTER XVI. 

Congress remove the Seat of Government to Chillicothe—Considered an 
usurpation of power—Meeting of the Assembly.--Governor s ad- 
dress-Replies of the two Houses-Proceedings of the Assembly.- 
Law to protect the Indians-Connecticut Reserve-Controversy set- 
tled-Governor and Assembly differ in opinion-His term of office 
about to expire-Power of the Secretary to act, in that case, denied.- ^^^ 
Assembly prorogued. 



CHAPTER XVII. 

Meeting of the General Assembly-Their proceedings-Mob in Chilli- 
cothe-Its object-Omission of the police to interfere— Seat of Gov- ^^^ 
ernment removed. 



CHAPTER XVIII. 

Population of the Eastern Division in 1802. -Steps to obtain a State 
Government-Application to Congress for permission to call a Con- 
vention-Permission given on conditions-Their oppressive charac- 
ter -Opposition to the measure.-On what grounds-Right to tax pub- 
lic lands relinquished-Loss sustained by it-State of parties-Note. 
-Excitement at Detroit-Opposition to the law for erecting a new 
State.-Correspondence on the subject- Note-The friends of a State 
Government become the majority— The harmony formerly existing 
broken up-Causes of the change-Origin of party spirit-Ambitious 
aspirants.— Their misrepresentations. 



335 



CHAPTER XIX. 

Details of the State Convention-Its members-The formation of the 
Constitution-The question of Slavery.-The Northern boundary- 
Refusal to submit the Constitution to the people— Reflections. 



CONTENTS. XV 



CHAPTER XX. 

Sketch of the life of Gov. St. Clair.— His military services in Canada and 
the United States. — Governor of the North-western Territory. — Disa- 
greement with the Legislature. — His general character. — His embar- 
rassments and poverty.— Annuity granted by Pennsylvania.— His death. 370 



CHAPTER XXI. 

Character of the North-western Indians.— Misrepresentations refuted. 

Their intercourse with the white people.— Its contaminating influence. 
—Their degeneracy. — Their final expulsion from the land of their 
nativity. 334 



CHAPTER XXII. 

Early land laws injudicious. — Sold in very large tracts. — Few purcha- 
sers. — Settlement of the country retarded. — Laws modified. — Sales in 
small tracts.— Population multiplied.— State improvements advanced.— 
Commerce of little value for want of a market.— Produce of the country 
consumed in the expense of transportation. — Miami Exporting Com- 
pany got up.— Its objects.— Introduction of barges.— Schemes to im- 
prove the navigation of the Falls.— Canal attempted on the Indiana 
side.— Operations of the Branch Bank of the United States at Cincin- 
nati.— Tyrannical proceedings of the Agent of the parent Board.— Im- 
mense sacrifice of private property. 394 



CHAPTER XXIII. 

Contract of Judge Symmes with the Board of Treasury. — His propo- 
sition to purchase two millions of acres, entitling him to College lands. 
— Deposite of money on account.— Misunderstanding with Congress.— 
Contract closed by agents for one million of acres.— College lands 
thereby relinquished.- Terms of sale and settlement established.- Pub- 
lished at Trenton.— Progress of the Miami settlements.— History of the 
College township. 422 



xvi CONTENTS. 



CHAPTER XXIV. 

Ancient artificial structures in Cincinnati.— Articles found in them. — 
Perpetuation of vegetable productions. — Alluvial deposit at Cincinnati. 

How produced.— Note. — Reflections on the Mosaic account of crea- 

tion.— Probable change in the course of the Big Miami.— How produced. 
—Navigation of the Mississippi river.— Intrigues with the Spanish offi- 
cers.— The territory of Mississippi established.— Introduction of Ameri- 
can Courts.— Suits at law multiply.— Practice profitable. 434 



CHAPTER XXV. 

Sale of public lands on credit. — Debts due to Government from pur- 
chasers.- Exceeding twenty miUions of dollars.— Embarrassments in 
the Western Country.— Purchasers unable to pay.— Lands on the eve 
of forfeiture.— Resistance to the execution of the land laws apprehend- 
ed.— A plan for relief concerted at Cincinnati.— Memorial to Congress 
drawn.— Printed, and circulated through the entire West,— The law of 
1821 passed, in conformity with the memorial.— Grant of lands to Ohio, 
for Canal purposes.— Conditions annexed.— Not assented to.— Grant 
lost.— In 1829-30, the conditions repealed, and a further grant made. 
—Miami Extension completed.— Simon Kenton.— Biographical sketches 

, , . 450 

of him. 



CHAPTER XXVI. 

Mr. John Reily.— Serves in the Array of the South during the Revolu- 
tion.— His claim to the gratitude of the country.- Removes to the 
North-western Territory.— View of the Territory. — Pioneer life.— 
Sketch of the services of Mr. Reily in the West.— His uprightness and 
integrity.— Neglect of the pioneers to preserve accurate records.— The 
ill consequences. 



INTEOEUCTION. 



PRELIMINARY CHAPTER. 

The grandfather and father of the author.— Where born and educated.— The 
latter, engaged in the Revolutionary struggle in 1774.— Was chairman of 
the Committee of Public Safety.— Treatment of the Tories.— Dr. B. elected 
to Congress.— Appointed Physician and Surgeon General of the eastern de- 
partment, April, 1777.— Stationed at West Point when the treason of Arnold 
was discovered.— Capture of Major Andre.— Measures to procure his libera- 
tion.— Threats used.— Offer to exchange him for Arnold.— Firmness of 
Washington.— Delicate treatment of Andre.— Tried, convicted and hung.— 
Military movements on Long Island.— York Island.— Retreat to the Dela- 
ware.— Battle of Trenton.— Battle of Princeton.— American army put in 
winter quarters.— Attempts to injure the character of Washington.— His 
character defended. 

The writer of the following chapters is the son of Dr. 
William Burnet, the elder, of Newark, New Jersey ; and 
the grandson of Dr. Ichabod Burnet, a native of Scotland, 
who was educated at Edinburgh— removed to America 
soon after his education was finished, and settled at Eliza- 
bethtown, in the province of New Jersey; where he prac- 
ticed liis profession with great success, as a physician and 
sm-geon, till 1773, when he died at the advanced age of 
eighty years. 

His only son, William, was born in 1730 — educated at 
Nassau Hall, during the presidency of the Reverend Aaron 
Bm-r- and graduated in 1749, before the institution was 
removed to Princeton. 

He studied medicine under Dr. Staats, of New York, and 
practiced it with assiduity and success, till the difficulties 
2 



18 INTRODUCTION. 

with the Mother Country became alarmingly serious. 
Being a high-toned Whig, he took an active part in the 
measures of resistance which were resorted to, against the 
oppressive proceedings of the British government. 

When the judicial courts of the province were closed 
and the regular administration of justice suspended, by a 
ministerial order, he relinquished the practice of his pro- 
fession, which was extensive and lucrative, and took part 
in the political movements of the day, with great activity 
and zeal. 

The protection of law having been withdrawn, by closing 
the judicial tribunals of the colony, the people assumed the 
reins of government from necessity, and administered law 
and justice as well as they could, circumstanced as they 
were. 

In some places it was done by county arrangements, and 
in others by township committees. In Newark, as a tem- 
porary expedient, the power was vested in a " Committee 
of Public Safety," appointed by the people of the township. 

Similar measures of precaution were necessarily resorted 
to throughout the province ; each county, town or neighbor- 
hood, devising and pursuing its own plan. The powers 
confided to these committees were dictatorial; and the en- 
tire whig population stood pledged to enforce their decis- 
ions. The tories were numerous, and had full confidence 
that the British troops would overrun the country, and 
reduce it to obedience, without encountering any serious 
resistance. They were therefore bold and insolent, and by 
their movements the public peace was constantly endan- 
gered, and was preserved only by the vigorous action of 
those conservative bodies. 

The committee appointed at Newark, of which Dr. 
Burnet was chairman, was in session almost daily, hear- 
ing and deciding complaints, and adjudicating on the vari- 
ous matters referred to them. Some of the most obnoxious 
of the tories they banished : on others they imposed fines 



INTRODUCTION. 19 

and imprisonment, and in some instances inflicted stripes. 
By this bold proceeding the disaffected were kept in check; 
the whigs were pacified, and restrained from personal vio- 
lence on the loyalists, who ridiculed the attempt to resist 
the Mother Country, and openly justified her tyrannical 
proceedings. 

The Newark committee, which consisted of three mem- 
bers. Dr. Burnet, Judge J. Hedden, and Major S. Hays, con- 
tinued in the discharge of their duty till the retreat to the 
American army from York Island, through the Jerseys to the 
Delaware, closely pressed by the enemy, who overran that 
state. See note on page 22. 

Dr. Burnet was in the medical service of the country, 
from the commencement of the contest, and was the super- 
intendent of a Military Hospital, established on his own 
responsibility, in Newark, in the year 1775. In the winter 
of 1776-7, the Legislature of New Jersey elected him a 
member of the Continental Congress. Soon after he took 
his seat, the subject of the medical department of the army 
was taken up in Congress, and a new arrangement adopted. 
The thirteen states were divided into three districts — the 
southern, middle, and eastern; and provision was made for 
a Physician-general and a Surgeon-general, in each; but 
in consideration of the strong claims of Dr. Burnet, on the 
score of past services as well as of qualificatian, they pro- 
vided for a Physician and Surgeon-general, in the eastern 
district, and conferred the appointment on him. He then 
resigned his seat in Congress, accepted the appointment, 
and continued in the discharge of its arduous duties, till the 
peace of 1783. 

He was stationed at West Point when General Arnold 
conceived and matured his plan to surrender that post to 
the enemy, and it so happened that he, with a party of the 
officers of the garrison, were dining with the General, when 
the officer of the day entered, and reported that a spy had 
been taken below, who called himself John Anderson. It 



20 INTRODUCTION. 

was remarked by the persons who were at the table, that 
this intelligence, interesting to the General as it must have 
been, produced no visible change in his countenance or 
behaviour — that he continued in his seat for some minutes, 
conversing as before — after which he arose, saying to his 
guests, that business required him to be absent for a short 
time, and desiring them to remain and enjoy themselves 
till his return. The next intelligence they had of him was, 
that he was in his barge, moving rapidly to a British ship 
of war, the Vulture, which was lying at anchor a short 
distance below the Point. 

The sequel of that treasonable conspiracy, is as familiar 
to the American ear, as "household words." All know 
that it terminated in the execution of Major Andre, the 
Adjutant-general of the British army, and an Aid-de-camp 
of Sir Henry Clinton. Very great and strenuous efforts 
were made, both in Great Britain and France, as well as 
by the Commander-in-chief of the British army, to save the 
life of that gifted and highly accomplished officer, who was 
connected with the most distinguished families in England. 

In reply to those applications. General Washington pro- 
posed to exchange Andre for Arnold. That offer was man- 
ifestly unexpected, and embarrassing ; and gave rise to a 
protracted and animated correspondence between the com- 
manders of the two armies. Sir Henry Clinton denied that 
Andre was a spy, as he entered the American lines, under 
the protection of a pass, from the General who commanded 
in the District ; and intimated, that he should feel bound to 
retaliate, if Washington persisted in his purpose. The 
American commander maintained, by fact and argument, 
that, according to the understanding and practice of all 
nations, Andre was a spy, and that notliing would save 
him from the penal consequences of his crime, but the sur- 
render of Arnold — on that condition he would release him, 
and on no other. That proposition not being accepted, the 
Commander in-chief of tlie American Army ordered a 



INTRODUCTION. 21 

board of general officers for the trial of the prisoner, of 
which Major General Greene was designated as the Presi- 
dent. That board, after a careful investigation of the 
facts, reported, that Major Andre was a spy, and ought to 
suffer death. In pursuance of that finding, he was sen- 
tenced to be hung on the succeeding day. Two officers 
were designated by the president of the board, to com- 
municate the intelligence to the unfortunate Andre, and 
to attend him to the place of execution. One of them was 
Major Burnet, one of the Aides-de-camp of General Greene, 
and the second son of Dr. Burnet. When the sentence 
of the court was communicated to the prisoner, he wrote 
to General Washington, requesting a change of the sen- 
tence, and praying that he might be shot; adding that if 
that indulgence were granted, he could meet his fate with- 
out a murmur; but the circumstances of the case were of a 
character, to convince the Commander-in-chief that he 
could not commute the punishment, consistently with the 
established rules of martial law, and without subjecting 
himself to the charge of instability, or want of nerve. 
Major Andre heard the failure of his application, with 
calmness, and when the fatal hour came, he walked with 
a firm step, and composed countenance, to the platform of 
the gallows, arm-in-arm between the American officers 
designated to attend him. The multitude, who witnessed 
the execution, unitedly testified, that the unfortunate suf- 
ferer met his destiny with a calmness and composure, 
indicative of a brave, accomplished soldier. 

That West Point, the Gibraltar of the United States, 
might be made a cheap conquest to the enemy, the traitor 
had caused some of the heavy cannon to be dismounted, 
and portions of the masonry to be taken down, to be 
rebuilt, as he pretended, with additional strength. After 
the arrival of the Commander-in-chief at the post, he 
caused those treasonable dilapidations to be repaired, with- 
out delay. 



22 INTRODUCTION. 

At the close of the war, Dr. Burnet returned to his 
family, and devoted himself to agricultural pursuits. He 
was soon after appointed presiding judge of the court of 
common pleas, by the state legislature. He was also 
chosen President of the State Medical Society, of which 
he had formerly been an active member. Being a fine 
classical scholar, and desirous of reviving the practice of 
delivering the annual address in the Latin language, 
which had fallen into disuse ; on taking the chair, he read 
an elaborate essay, in Latin, on the proper use of the 
lancet in pleuritic cases. 

While in the enjoyment of his usual health, a violent 
attack of erysipelas in the face and head, suddenly termi- 
nated his life, on the 7th of October, 1791, in the sixty -first 
year of his age. 

His sixth son, the writer of these notes, was born on the 
22d of February, 1770 — was educated at Nassau Hall, 
under the presidency of Dr. Witherspoon, and graduated 
in September, 1791. Before he had finished his collegiate 
course, he determined to settle himself in the Miami coun- 
try, where his father had made a considerable investment. 
In the mean time he completed his professional studies — 
was admitted to the bar by the Supreme Court of the State, 
in the spring of 1796 — and proceeded without delay to 
Cincinnati, with a full determination of making it his per- 
manent residence, and of rising or falling with it. 

Whatever there may be of interest in his professional, 
or political life, will be sufficiently developed, by the facts 
connected with the settlement and improvement of the 
North-western Territory, in which he bore an early, and an 
active part; and in which he endured a full share of the 
exposure, privation and suffering, which necessarily attend 
such an enterprise. 

Note. — The losses of the American army on Long Island 
and York Island, succeeded by the disastrous battle of the 



INTRODUCTION. 23 

White Plains, and the surrender of Forts Washington and 
Lee, with tlieir numerous garrisons, of about a thousand 
each, compelled General Washington, late in the fall of 
1776, to cross the Hudson, followed by a victorious enemy ; 
and, after a rapid retreat, place his exhausted army in a 
situation of temporary safety, on the west bank of the Del- 
aware. That retrograde movement, with the losses which 
preceded it, produced a general opinion, that the war was 
at an end. Despondency took the place of hope, and, un- 
der its influence, multitudes, both in East and West Jersey, 
submitted to their fate — renewed their oaths of allegiance, 
and took protections from the British commander, as the 
only expedient to save their lives and secure their pro- 
perty. 

But the despair which those events were fast spreading 
over the country, was of short duration. The American 
commander, who had adopted the maxim, nil desperandum, 
and had carried it into practice through life, did not yield 
to the alarm which was paralizing the hopes of the bravest 
of his officers. When their lengthened visages indicated 
the feelings which harassed their minds, after they had 
pitched their tents on the frozen banks of the Delaware, he 
very pleasantly remarked, that "the darkest part of the night 
was just before the dawn of day." At the time he uttered 
that sentiment, he was projecting a plan to resume offen- 
sive operations, by a simultaneous attack on the enemy at 
Trenton and at Bordentown. 

Although the attempt against the latter place failed, in 
consequence of the floating ice in the river, yet the main 
attack on Trenton, which was led by Washington, in per- 
son, was signally successful. 

The courage, and military talents, indicated by that bril- 
liant enterprise, attracted universal attention; as did the 
more hazardous movement which speedily followed, when 
he crossed the Delaware a second time — eluded the vigi- 
lance of the enemy at Trenton, and by a midnight march, 



24 INTRODUCTION. 

took the enemy by surprise at Princeton, broke through their 
line, captured many prisoners and much baggage, and pla- 
ced the remnant of his army in secure and comfortable 
quarters in the high lands of Jersey. 

Those masterly movements changed the aspect of the 
war, and verified the adage, that " all is not lost that is in 
danger." They convinced the commander of the British 
troops, that he had at least, an equal to contend with; and 
that the conquest of the colonies, which but a few days be- 
fore, he believed to be on the point of consummation, was 
more remote than he had supposed, at the beginning of the 
contest. 

Those desperate and successful achievements, confirmed 
the confidence of Congress and the people, in the prudence, 
bravery and skill of the American commander, and gave 
fresh hope and energy to the friends of liberty, in every part 
of the country. A short time before, they were in a state 
of despondency, and almost prepared to desist from further 
effort to oppose the oppressions of the mother country, and 
to establish the independence of their own. 

Notwithstanding these brilliant achievements, individuals 
were found, ready to depreciate the character of the Com- 
mander-in-chief. A very formidable effort of that nature 
was made by some of the officers, under the influence of 
General Gates, immediately after the capture of Burgoyne. 
A little band of conspirators was then formed, who concert- 
ed a plan to supplant General Washington, and elevate 
Gates to the chief command in the army. 

Although that attempt proved to be a miserable failure, 
yet the persons engaged in it, became the inveterate, irre- 
concilable enemies of Washington, and never afterwards 
permitted an opportunity, to question his talents or injure 
his military fame, to pass unimproved. The achievements 
at Trenton and Princeton, in the winter of 1776-7, were as 
distinguished for military skill, as for personal bravery ; and 
were devised by himself, while his associates in arms, en- 



INTRODUCTION. 25 

camped on the banks of the Delaware, were indulging in 
hopeless despair. At that time, not a pen nor a tongue 
had ventured to question his wisdom or prudence, nor was 
any attempt of that nature made, prior to the conspiracy in 
the military family of General Gates. That plot soon explo- 
ded, and was put down ; yet the persons engaged in it, still 
cherished their hostility, and suffered no opportunity of in- 
flicting a wound on the feelings, or the fame of the Comman- 
der-in-chief, to pass unimproved. They awarded to others 
the credit of his plans, whenever it could be done with the 
least plausibility. It is remarkable, that this disposition to 
injure the standing of General Washington, was most ac- 
tive after General Gates, for whose benefit it was got up, 
had been defeated by Lord Cornwallis at Camden, and his 
army scattered to the winds ; and after he himself had de- 
servedly sunk into oblivion. 

A manifestation of this spirit is found in the Memoirs of 
General Wilkinson, written after the close of the war, in 
which he gives General St. Clair the credit of proposing the 
night march on Princeton, as the most advisable expedient 
to save the army from impending ruin. It may also be found 
in a more recent attempt to award to General Mercer the 
honor and glory of originating the same proposition. On 
the interesting occasion of removing to Philadelphia the re- 
mains of that lamented officer, from Princeton, the field of 
his glory, and the battle ground on which he fell ; the elo- 
quent gentleman who delivered the eulogical address, exult- 
ingly affirmed, that in the council of officers convened in the 
American camp, on the evening of the 2nd of January, the 
gallant Mercer first advanced the bold idea of ordering up 
the militia from Philadelphia, and by a night march, attack- 
ing the enemy at Princeton. 

These conflicting claims for the laurels of Washington, 
destroy each other; but if either be well founded, we can- 
not escape the conclusion, that the Commander-in-chief 
was the weakest officer in the army. He knew that the 



26 INTRODUCTION. 

British outnumbered him, seven to one — that they were 
well disciplined and provided with every thing necessary 
for their comfort; and that his own troops were undis- 
ciplined and destitute of almost every thing. He was at 
the time occupying a position of comparative safety, on 
the west bank of the Delaware. He knew that the enemy 
were so situated, that they could be united and brought to 
bear on any point in New Jersey, in forty-eight hours ; and 
yet it is more than insinuated, that he deliberately aban- 
doned the protection afforded by the river — changed his 
position without necessity ; and placed his little band of 
half naked troops, the last hope of liberty, in a situation 
from which they could not retreat, and in which they could 
not sustain themselves twenty-four hours — without having 
any specific object in view, or having formed any plan for 
the government of his subsequent movements. In other 
words, that he plunged into imminent danger, unnecessarily 
regardless of consequences. 

If such had been the case, he could not escape the 
charge of imbecility or infidelity. He must have been an 
impostor or a traitor; but he was neither — he saw and felt 
his situation to be desperate — his companions in arms 
were disheartened — his life, his fortune and his character 
were at stake, as well as the liberty of the nation. He 
therefore assumed the responsibility of forming his own 
plan, which was done before he crossed the Delaware and 
abandoned the protection it afforded. He knew that the 
enemy occupied Amboy, New Brunswick, Kingston, Prince- 
ton, Trenton, and Bordentown. The presumption, there- 
fore, was, that they must be weak at some one or more of 
those points. That consideration suggested his plan, which 
was, to surprise them by a night march — break through 
their line at the point he might ascertain to be the most 
vulnerable, and place his army where they might rest in 
safety, through the residue of the winter. 

In accordance with that arrangement, he crossed the 



INTRODUCTION. 27 

river, placed his army on the Sampink, in sight of the 
enemy at Trenton, and ordered their tents to be pitched 
and their fires kindled. He had previously directed the 
militia to join him from below, by a night march, and had 
sent out videttes to ascertain and advise him of the situa- 
tion of the enemy betM^een Trenton and New Brunswick. 
His arrangements were so made as to furnish the informa- 
tion required in time to enable him to reach the point 
of attack during the first night, and before his object w^as 
discovered by the enemy. In the interval, his officers, most 
of whom were ignorant of his plan, looked at the scene 
with amazement. 

In the evening, his videttes came in, and, from their 
reports, it was apparent that Princeton was the weakest 
point in the line of the enemy. A council of officers was 
then called, to whom his movement was explained, and the 
information just received, communicated. 

The only question then proposed to the council was, as 
to the place where the attack should be made. On that 
subject there was but one opinion. Whether General St. 
Clair or General Mercer first named Princeton, is not 
known, nor is it of the least importance. It is enough to 
know that that question was the only one submitted ; and 
that the evidence necessary to decide it, was before them. 
All other matters had been settled by the Commander-in- 
chief in his own mind, and on his own responsibility. 

The attack on Princeton, having been thus decided on, 
the little half clothed army of Washington, about midnight, 
silently withdrew from the shelter of their tents, in a cold 
winter night, and taking the Quaker road, because it was 
more circuitous, less traveled, and therefore afforded the 
greater prospect of avoiding discovery — arrived in sight of 
Princeton, fatigued and exhausted, at the first dawn of 
day. There they met two regiments of British troops, who 
had just commenced their march to Trenton. A severe 
conflict ensued, in which the Americans were repulsed and 



28 INTRODUCTION. 

thrown into disorder. The Commander-in-chief, seeing his 
danger, and knowing that every thing was at stake, rode 
to the front, addressed his troops, and conjured them to 
follow him. Order was restored, and the Americans, see- 
ing their leader in the foremost front of the battle, rushed 
to the rescue, and in turn repulsed the enemy, and com- 
pelled them to retreat in disorder. 

On that occasion, Washington exposed his person to the 
heaviest fire of the enemy, during the whole conflict, direct- 
ing every movement of his troops himself; and it was evi- 
dent, that the inspiring influence of his example decided the 
fate of the battle. 

It was afterwards ascertained from the inhabitants of 
Trenton, that the first knowledge of the movement of the 
American army from their encampment on the Sampink, 
was communicated to them by the report of the American 
cannon from Princeton — Washington having taken the pre- 
caution to leave his tents standing, with a small detach- 
ment, to perform the ceremony of relieving guard, and re- 
plenishing the fires during the night. 

The attempt to transfer the laurels of Washington to the 
brow of Mercer, is based on an allegation, that on the 
evening of the 2nd of January, in the board of officers 
then convened, " General Mercer first made the bold pro- 
posal to order up the Philadelphia militia, and make a 
night march on Princeton." 

Now it appears, from Washington's official letter to Con- 
gress, that he had previously ordered them up — that they 
had actually joined the army on tlie night of the 1st, and 
were in camp, when, it is said, the proposition of General 
Mercer was made. 

The claims which have been set up by the friends of dif- 
ferent officers, to the honor of originating the plan of saving 
the army on that occasion, is sufficient of itself to discredit 
the story. If a proposition of that character had been 
made, the mover would have been known — his identity 



INTRODUCTION. 29 

could not have been mistaken; and he would have claimed 
his reward. The allegation presupposes that the entire 
plan of the Commander-in-chief, was concerted by his 
officers, after he had crossed the river, and placed himself 
in front of a vastly superior enemy, knowing that a retreat 
was impossible. 

The fact was not so — his plan was his own — it was con- 
ceived in his own mind, on the west bank of the Delaware 
— was communicated to his officers on the bank of the 
Sampink, and manifestly saved his army, and secured the 
independence of his country. 



BURNET'S NOTES 



NORTH- WESTERN TEEEITORY 



CHAPTER I. 

Population of the Territory in 1795-6. — Description of Cincinnati at that 
time. — Progress of settlement from 1788 to 1800. — Public buildings. — So- 
cial influence of the garrison. — Ordinance of 1787. — Its provisions. — Ap- 
pointment of officers under it. — Treaty of Fort Harmar. — Re-organization 
of the Territorial Government. — Legislation of the Governor and Judges. — 
The Maxwell Code. 

In the winter of 1795-6, Governor St. Clair and Judge 
Turner, who had recently visited the white settlements in 
the Territory, estimated their population at fifteen thousand 
souls, including men, women and children. At that time, 
Cincinnati was a small village of log cabins, including 
about fifteen rough, unfinished, frame houses, with stone 
chimneys. Not a brick had then been seen in the place, 
where now so many elegant edifices present themselves to 
the eye; and where a population is found, estimated at 
eighty thousand souls. 

The city stands on a lower and an upper plane. The 
former rises about sixty feet above low water mark, and 
extends back from the river, about sixty-five or seventy 
rods. The latter is about forty feet higher than the former, 
and extends in the same direction, an average distance of 
about a mile and a half. When the town was laid out, and 
for several years after, the surface of the ground, at the 
base of the upper level, was lower than on the margin of 



32 [BURNET'S NOTES ON THE 

the river; in consequence of which, there was a narrow 
swamp or morass formed, which extended the entire length 
of the town, and subjected the inhabitants, during the 
summer and fall, to agues and intermittent fevers. 

In September, 1796, the writer of this sketch, had one of 
those attacks, at the chief hotel of the village, owned and 
kept by Griffin Yeatman, an early emigrant from Virginia. 
His bed stood in a large room, neither lathed nor plastered, 
originally intended, and occasionally used, for a ball room ; 
but ordinarily occupied as the common dormitory of the 
establishment. At the time referred to, there were fifteen 
or sixteen others lying sick in the same room, which gave 
it very much the appearance of a hospital. Unpleasant as 
the condition of those invalids was, not a murmur, or com- 
plaint was heard. Most of them had been accustomed to 
very different accommodations in sickness, but they knew 
they were as well provided for and attended to, as circum- 
stances would permit, and were therefore contented. 

The emigrants who were in the Territory in 1796, were 
few in number, and were located in different and remote 
settlements, between which there was but little intercourse. 
The country they inhabited was wild and uncultivated, and 
was separated from the Atlantic inhabitants, by a broad 
belt of rugged mountains, equally wild and uncultivated, 
containing scarcely the semblance of a road, bridge, ferry, 
or other improvement, to facilitate intercourse with the 
Atlantic states. The adjoining regions, on every side, were 
also uncultivated and without commerce, or the means of 
creating it. At that time, the primitive mode of transpor- 
tation across the mountains, by pack-horses, had been but 
recently exchanged, for the greater convenience of the 
heavy Pennsylvania road-wagon, which wended its way 
slowly through the mountains. The country contained 
neither shelter nor protection for civilized man ; nor had it 
any thing in the form of constitution or law, till after the 
promulgation of the Ordinance of 1787. 



NORTH-WESTERN TERRITORY. 33 

A correct idea of the progress made in settling the Terri- 
tory, may be formed from these facts ; that the first emi- 
grants planted themselves at the mouth of the Muskingum, 
in the spring of 1788 — that, at the close of 1795, after the 
lapse of seven years, the white population, of all ages, and 
both sexes, was ascertained to be fifteen thousand, accord- 
ing to the best information that could be obtained by the 
Governor and Judges, Avho had visited almost every settle- 
ment in the Territory ; and that in 1800, by a census taken 
under the authority of Congress, the number was ascertain- 
ed to be 45,365 ; being the entire population acquired by all 
the settlements in the Territory during the first thirteen 
years, after their commencement. 

Prior to the Treaty of Greenville, w^hich established a per- 
manent peace between the United States and the Indians, 
but few improvements had been made, of any description, 
and scarcely one of a permanent character. In Cincinnati, 
Fort Washington was the most remarkable object. That 
rude, but highly interesting structure, stood between Third 
and Fourth streets produced, east of Eastern Row, now 
Broadway, which was then a two-pole alley, and was the 
eastern boundary of the town, as originally laid out. It 
was composed of a number of strongly built, hewed-log 
cabins, a story and a half high, calculated for soldier's 
barracks. Some of them, more conveniently arranged, and 
better finished, were intended for officers' quarters. They 
were so placed as to form a hollow square of about an acre 
of ground, with a strong block-house at each angle. It was 
built of large logs, cut from the ground on which it stood, 
which was a tract/)f fifteen acres, reserved by Congress in 
the law of 1792, for the accommodation of the garrison. 

The artificers' yard was an appendage to the Fort, and 
stood on the bank of the river, immediately in front. It 
contained about two acres of ground, enclosed by small 
contiguous buildings, occupied as work-shops, and quarters 
for laborers. Within the enclosure, there was a large two- 
3 



34 BURNET'S NOTES ON THE 

story frame house, familiarly called the " yellow house," 
built for the accommodation of the Quartermaster General, 
which was the most commodious and best finished edifice 
in Cincinnati. 

On the north side of Fourth street, immediately behind 
the Fort, Colonel Sargent, Secretary of the Territory, had 
a convenient frame house, and a spacious garden, cultivated 
with care and taste. On the east side of the Fort, Dr. Alli- 
son, the Surgeon General of the Army, had a plain frame 
dwelling, in the centre of a large lot, cultivated as a gar- 
den and fruitery, which was called Peach Grove. 

The Presbyterian Church, an interesting edifice, stood on 
Main street, in front of the spacious brick building now 
occupied by the First Presbyterian Congregation. It was a 
substantial frame building, about 40 feet by 30, enclosed 
with clapboards, but neither lathed, plastered nor ceiled. 
The floor was of boat plank, laid loosely on the sleepers ; 
the seats were of the same material, supported by blocks of 
wood. There was a breast-work of unplaned cherry 
boards, called the Pulpit, behind which the clergyman stood 
on a piece of boat plank, resting on wooden blocks. In 
that humble edifice, the pioneers and their families assem- 
bled, statedly, for public worship ; and, during the continu- 
ance of the war, they always attended with loaded rifles 
by their sides. That building was afterwards neatly fin- 
ished, and some years subsequently, was sold and removed 
to Vine street, where it now remains, the property of Judge 
Burke. 

On the north side of Fourth street, opposite where St. 
Paul's Church now stands, there stood a frame school house, 
enclosed, but unfinished, in which the children of the vil- 
lage were instructed. On the north side of the public 
square, there was a strong log building, erected and occu- 
pied as a jail. A room in the tavern of George Avery, 
near the frog-pond, at the corner of Main and Fifth streets, 
had been rented for the accommodation of the Courts ; and 



NORTH-WESTERN TERRITORY. 35 

as the penitentiary system had not been adopted, and Cin- 
cinnati was a seat of justice, it was ornamented with a pil- 
lory, stocks and whipping-post, and occasionally with a 
gallows. These were all the structures of a public char- 
acter then in the place. Add to these, the cabins and other 
temporary buildings for the shelter of the inhabitants, and 
it will complete the schedule of the improvements of Cin- 
cinnati, at the time of the treaty of Greenville. The only 
vestige of them, now remaining, is the Church of the Pi- 
oneers. With that exception, and probably two or three 
frame buildings which have been repaired, improved and 
preserved, every edifice in the city has been erected since 
the ratification of that treaty. The stations of defence 
scattered through the Miami Valley, were all temporary, 
and have, long since, gone to decay, or been demolished. 

The improvements at Marietta, which was the chief town 
of the Ohio Company's purchase, though constructed more 
tastefully than those at Cincinnati, were all of a temporary 
character, — they have long since disappeared, and form no 
part of the objects seen at the present day. And indeed, 
with the exception of Detroit, and the old French settle- 
ments on the Wabash and Mississippi, in which some an- 
cient structure may remain, the remark applies to every 
part of the Territory. All the productions of labor and art, 
north-west of the Ohio, have been produced since the peace 
of 1795. 

It may assist the reader in forming something like a cor- 
rect idea, of the appearance of Cincinnati, and of what it ac- 
tually was at that time, to know, that, at the intersection of 
Main and Fifth streets, now the centre of business and taste- 
ful improvement, there was a pond of water, full of alder 
bushes, from which the frogs serenaded the neighborhood 
during the summer and fall, and which rendered it neces- 
sary to construct a causeway of logs, to pass it. That 
morass remained in its natural state, with its alders and its 
frogs, several years after Mr. B. became a resident of the 



36 BURNET'S NOTES ON THE 

place, the population of which, including the garrison and 
followers of the army, was about six hundred. The Fort 
was then commanded by William H. Harrison, a captain 
in the army, but afterwards President of the United States. 
In 1797, General Wilkinson, the commander-in-chief of 
the army, made it his head-quarters for a few months, but 
did not, apparently, interfere with the command of Capt. 
Harrison, which continued till his resignation in 1798. 

During the period now spoken of, the settlements of the 
Territory, including Cincinnati, contained but few individ- 
uals, and still fewer families, who had been accustomed to 
mingle in the circles of polished society. That fact put it 
in the power of the military to give character to the man- 
ners and customs of the people. Such a school, it must be 
admitted, was by no means calculated to make the most 
favorable impression on the morals and sobrietj^ of any 
community, as was abundantly proved by the result. 

Idleness, di'inking, and gambling, prevailed in the army, to 
a greater extent, than it has done at any subsequent period. 
This may be attributed to the fact, that they had been seve- 
ral years in the wilderness, cut off from all society but their 
own, with but few comforts or conveniences at hand, and no 
amusements but such as their own ingenuity could invent. 
Libraries were not to be found, — men of literary minds, or 
polished manners, were rarely met with; and they had long 
been deprived of the advantage of modest, accomplished 
female society, which always produces a salutary influence 
on the feelings and moral habits of men. Thus situated, 
the officers were urged, by an irresistible impulse, to tax 
their wits for expedients to fill up the chasms of leisure 
which were left on their hands, after a full discharge of 
their military duties ; and, as is too frequently the case, in 
such circumstances, the bottle, the dice-box, and the card- 
table, were among the expedients resorted to, because they 
were the nearest at hand, and the most easily procured. 

It is a distressing fact, that a very large proportion of the 



NORTH-WESTERN TERRITORY. 37 

officers under General Wayne, and subsequently under 
General Wilkinson, were hard drinkers. Harrison, Clark, 
Shomberg, Ford, Strong, and a few others, were the only 
exceptions. Such were the habits of the army when they 
began to associate with the inhabitants of Cincinnati, and 
of the western settlements generally, and to give tone to 
public sentiment. 

As a natural consequence, the citizens indulged in the 
same practices, and formed the same habits. As a proof 
of this it may be stated, that when Mr. Burnet came to the 
bar, there were nine resident lawyers engaged in the prac- 
tice, of whom he is, and has been for many years, the only 
survivor. They all became confirmed sots, and descended 
to premature graves, excepting his brother, who was a 
young man of high promise, but whose life was terminated 
by a rapid consumption, in the summer of 1801. He ex- 
pired under the shade of a tree by the side of the road on 
the banks of Paint creek, a few miles from Chillicothe. 

In July 1787, Congress, acting under the articles of con- 
federation, passed the much admired Ordinance for the 
government of the Territory of the United States, north-west 
of the river Ohio, which was the first step towards the es- 
tablishment of civil government within it. That ordinance 
affirmed and perpetuated the great principles of liberty, 
civil and religious, which had been set forth in the declara- 
tion of independence — re-affirmed in the treaty of 1783, 
and perpetuated by the federal constitution adopted in 1788. 

There has been some diversity of opinion, as to the indi- 
vidual to whom the honor of the paternity of that document 
rightfully belongs. Some have claimed it for Mr. Jefferson, 
though he did not claim it himself. He supported and ad- 
vocated the great principles of liberty which it avowed, 
and guaranteed to the people of the territory. The honor 
of drafting that instrument, on which the constitutions of 
all the north-western states are founded, belongs, of right, 
to Nathan Dane, a revolutionary patriot of Massachusetts. 



38 BURNET'S NOTES ON THE 

He was its author — he reported it to Congress and perse- 
vered in explaining, and pressing it on their attention, till 
they became satisfied of its merits, and adopted it by a 
unanimous vote, Mr. Jefferson being at the time in France. 
That document was the constitution of the territory. 

It vested the executive power in a Governor — the judicial 
power in a General Court, composed of three Judges, and 
the legislative power in the Governor and Judges, acting as 
a legislative council. It also provided for the appointment 
of a Secretary of the Territory, who was subsequently au- 
thorized, by an act of Congress, to execute all the powers and 
duties of the Governor, in case of his death, resignation, re- 
moval, or necessary absence from the territory. It also pro- 
vided for the establishment of tribunals, inferior to the gen- 
eral court, and for the appointment of subordinate officers. 

The legislative power was limited to the adoption of such 
laws of the original states, as they might think suited to the 
condition and wants of the people ; which were td be sub- 
mitted to, and approved by Congress. It also entitled the 
territory, as soon as it should be found to contain five thou- 
sand free male inhabitants, of full age, to a General Assem- 
bly, to consist of a legislative council and house of repre- 
sentatives, and also to a delegate in Congress. 

For the purpose of carr3dng the Ordinance into effect and 
organizing a Territorial Government, Congress, on the 5th 
of October, 1787, elected Arthur St. Clair, Governor, and 
Winthrop Sargent, Secretary; and on the 16th of the same 
month they appointed Samuel Holden Parsons, John Arm- 
strong, of Newburg, New York, and James Mitchell Var- 
num. Judges of the said Territory. On the 16th of January, 
John Armstrong declined the appointment, and John C. 
Symmes was chosen to fill the vacancy. 

On the same day on which General St. Clair was appoin- 
ted Governor of the Territory, Congress passed a resolution 
instructing him " to hold a general treaty with the tribes of 
Indians within the United States, inhabiting the country 



NORTH-WESTERN TERRITORY. 39 

north-west of the river Ohio, and about the lakes, at such 
time and place as he should appoint ; for the purpose of 
knowing the causes of uneasiness among them — ^hearing 
their complaints — regulating trade, and amicably settling all 
affairs concerning lands and boundaries between them and 
the United States, agreeably to such instructions as should 
be given him, for that purpose." In pursuance of that order 
he assembled the Indians at Marietta, in January following, 
and negotiated " the Treaty of Fort Harmar," which, it was 
supposed, would ensure safety to the settlements then just 
beginning to be formed. 

In the succeeding summer, the Governor, Judge Varnum, 
and Judge Parsons, met at Marietta, and commenced the 
duty of legislating for the territory. They continued in ses- 
sion till December, during which period they enacted a num- 
ber of laws on different subjects, which were submitted to 
Congress, as the Ordinance required ; but were not approved, 
on the ground, that the Governor and Judges, in their legisla- 
tive capacity, were empowered only to adopt existing laws 
from the codes of the original states, and not to enact laws 
of their own formation. This was the only legislative bu- 
siness attempted under the commissions granted by the Con- 
gress of the old Confederation. 

On the 2d of July, 1788, Congress were officially informed 
that the state of New Hampshire had adopted the new Fed- 
eral Constitution ; and as it had then been adopted by nine 
of the states, wliich was the number required to bring it into 
operation, measures were immediately taken for that pur- 
pose, in pursuance of the resolutions of the Federal Con- 
vention. The first Congress under the new Constitution was 
then elected, and in May, 1789, they assembled at Federal 
Hall, on Wall street, in the city of New York. That vene- 
rable body, composed of men of the first order of talent and 
patriotism, elected their officers, — installed the Father of his 
Country first President of the United States, and then pro- 



40 BURNET'S NOTES ON THE 

ceeded to the important business which the Constitution had 
confided to them. 

One of the first official steps of the President, was to sub- 
mit to the Senate the Treaty of Fort Harmar, negotiated 
with the Indians during the preceding winter, which was 
approved and ratified. As it was understood that appoint- 
ments under the Articles of Confederation, expired with the 
government by which they were made, the President nomi- 
nated to the Senate, candidates for all the offices created in 
the Ordinance of 1787, which were taken up in Senate on 
the 20th of August, 1789, when Arthur St. Clair was re- 
appointed Governor, and Winthrop Sargent, Secretary of 
the Territory. 

On the same day, Samuel Holden Parsons, John Cleves 
Symmes, and William Barton, w^ere appointed Judges of the 
general court. Mr. Barton having declined the appointment, 
George Turner was chosen to fill the vacancy. Shortly after 
his appointment Judge Parsons died, and Rufus Putnam was 
appointed to fill his vacancy in March, 1790. He continued 
in office till December 1796, when he resigned his commis- 
sion, to enable him to accept the office of Surveyor General, 
for which he had been nominated ; and Joseph Gillman, of 
Point Harmar, was chosen to fill the vacancy. Judge Tur- 
ner left the Territory in the spring of 1796, and before his 
return, resigned his seat on the bench, which was filled by 
the appointment of Return Jonathan Meigs, in February, 
1798. The judges then in commission, continued to hold 
their seats till the territorial government was superseded by 
the adoption of a state constitution. These appointments 
completed the organization of the first grade of government, 
as far as depended on the action of congress. 

In July, 1790, Winthrop Sargent, Secretary, and acting 
Governor of the Territory ; John C. Symmes, and George 
Turner, Judges, met at Vincennes, in their legislative ca- 
pacity, and passed an act to prevent the sale of spirituous 



NORTH-WESTERN TERRITORY. 41 

liquors, and an act to suppress gaming. Those enactments 
were subject to the same objection as is stated above — they 
were enacted, not adopted. Several legislative sessions were 
held after this, at which a number of laws were drafted and 
enacted, regardless of the limitation imposed by the Ordi- 
nance. 

Although these laws were not approved by Congress, they 
continued in force for longer or shorter periods ; and some 
of them till the second grade of government was established, 
notwithstanding strong doubts of their constitutionality were 
expressed by the bar. At length the Governor and Judges, 
discovering that their enactments had not been approved, 
began to doubt their correctness ; and at a legislative ses- 
sion, held at Cincinnati, in the summer of 1795, they prepa- 
red a code of laws adopted from the statutes of the original 
states, which superseded the chief part of those they had 
previously enacted. 

This body of laws was printed at Cincinnati, by William 
Maxwell, in 1795, from which circumstance it was called 
the Maxwell code. It was the first job of printing ever 
executed in the North-western Territory, and the book should 
be preserved, as a specimen of the condition of the art, in 
the western country, at that period. All the laws previously 
passed had been printed at Philadelphia, from necessity, be- 
cause there was not at the time a printing office in the ter- 
ritory. The Maxwell code was supposed to be so full and 
complete, that but one short legislative session was held 
thereafter, in 1798, at which a few additional laws were 
adopted; after which the statutes of the territory underwent 
no alteration, till the first session of the General Assembly, 
held under the second grade of government, in 1799. 



CHAPTER II. 

Western Pioneers chiefly Revolutionary characters. — Colony from New Eng- 
land in 1787. — Formed by Cutler, Sargent & Co. — Arrive at the Yoghi- 
gany in the fall of 1787. Encamped for the winter. — Reach Marietta in 
April 1788 — Block-house erected. — A school and a church established. — 
Gen. R. Putnam leader of the party. — His character. — His appointment to 
office. — Poverty of Revolutionary officers drove them to emigrate. — Their 
suffi?rings. — Settlement under Major Stites, at Columbia. — Under Denman 
& Co. at Cincinnati. — Under Judge Symmes, at North Bend. — Losanteville, 
intended name of a town never laid out. — Troops sent by Gen. Harmar, 
to the Miami settlements. — ^Where stationed. — Their behavior. — Attacked 
by the Indians at North Bend. — Major Mills severely wounded. — Villages 
laid out. — Donation lots. — Interview of Symmes with the Indians. — Settle- 
ment at Columbia plundered. — Captain Flinn taken prisoner. — Made his 
escape. — Comparative strength of the settlements at the Miamies. — Fort 
Washington built by Major Doughty. — Judicial Courts first established. — 
Anterior arrangements for administering Justice. — Indian hostilities. — Com- 
plaints of Judge Symmes against Gen. Harmar for withholding protec- 
tion. — Temerity of the Pioneers and the Troops. 

The early adventurers to the North-western Territory, 
were generally men who had spent the prime of their lives 
in the war of Independence. Many of them had exhausted 
their fortunes in maintaining the desperate struggle; and 
retired to the wilderness to conceal their poverty, and avoid 
companions mortifying to their pride, while struggling to 
maintain their families, and improve their condition. Some 
of them were young men, descended from revolutionary 
patriots, who had fallen in the contest, or become too feeble 
to endure the fatigue of settling a wilderness. Others 
were adventurous spirits, to whom any change might be 
for the better; and who, anticipating a successful result. 



NORTH-WESTERN TERRITORY. 43 

united in the enterprise. Such a colony as this left New 
England in 1787, for the purpose of occupying the grant 
made to Sargent, Cutler & Company, on the Muskingum 
river ; most of whom had served in the war of the Revo- 
lution, either as officers or soldiers. In their journey west 
they struck the Monongahela river, near the mouth of the 
Yoghigany, so late in the season, that it was deemed impru- 
dent to descend the Ohio ; they therefore encamped for the 
winter, and built a substantial row-galley, covered vnth. 
a deck, which was an effectual protection against the rifles 
of the Indians, while on their passage down the river. 
After their arrival at the place of their destination, it was 
found to be of great use for the safe transportation of per- 
sons and property from place to place. The party landed 
at the mouth of the Muskingum, in April, 1788, with a 
good supply of provisions, and began their improvements. 
Their first object was to erect a block-house and stockade, 
for defence ; after which, they surveyed the town of Mari- 
etta, on the Ohio river, east of the Muskingum, and at the 
same time, village lots were laid out, west of that river, 
contiguous to Fort Harmar, then recently built, and garri- 
soned by United States' troops. Although many of those 
emigrants were men of distinction and energy, and subse- 
quently filled the most important stations in the country, 
yet General Putnam, by common consent, seemed to be 
regarded as their principal chief and leader. He had 
been one of the veterans of the Revolution, and was much 
respected, as may be inferred from the many confidential 
appointments he received from government ; chiefly on the 
nomination of President Washington. After his elevation 
to the bench, he was appointed a Brigadier General, in 
1792. In the year following, he M^as commissioned to 
negotiate a treaty with the Indians, at Vincennes ; in which 
he succeeded, and accomplished the object which the Gov- 
ernment had in view, to their entire satisfaction. 

In 1796 he was appointed Surveyor General, there being 



44 BURNET'S NOTES ON THE 

then but one office of that grade, in the United States. His 
residence was on the east side of the Muskingum, about 
half a mile from the Ohio, where he constructed a large 
block-house of logs, enclosed by heavy pickets. In that 
rough, but comfortable residence he received his friends, 
and whoever saw^ proper to call on him, and entertained 
them with the simplicity and hospitality of an ancient 
patriarch. 

During the sitting of the general court in October, 1796, 
shortly before he resigned his seat on the bench, a party 
of tliirty or forty, including the court and bar, dined at his 
table in liis humble but spacious cabin — while the block- 
house and stockade were yet standing. He entertained the 
party with a simple but dignified deportment, altogether 
natural. It was without ostentation, but with much good 
sense, mingled with wit and pleasantry. He recited anec- 
dotes of the Revolution, and of the Indian war, which had 
then just terminated ; in the hazards of both of which, he 
had participated. Some of his recitals were of a serious 
and distressing character — others M"ere repeated with such 
comments as rendered them interesting and amusing. 

The individuals composing the Marietta colony were 
principally descendants of the Puritan fathers, who com- 
menced the settlement of Massachusetts in the winter of 
1620. They retained a portion of the good old customs 
and steady habits of their pilgrim ancestors ; and also of 
their veneration for the institutions of religion, literature 
and morality. Hence it was, that, as soon as they had 
provided shelter for themselves and their families, they 
directed their attention to the organization of a church. A 
convenient place for public worship was provided, and a 
pastor procured. A school was also organized at the same 
time. These were the first institutions of the kind got up 
within the North-western Territory ; and the inhabitants of 
the colony, without distinction, contributed, with great good 
will, to sustain them. 



NORTH-WESTERN TERRITORY. 45 

Nothing can better establish the fact, that the officers of 
the revolution were illy compensated for their services and 
sufferings, in the long and distressing struggle for national 
liberty, than the destitute, dependent condition in which 
they found themselves, at the close of the war. After hav- 
ing spent the most valuable period of their lives in the 
army — enduring every species of exposure, fatigue, and 
suffering — they were dismissed and sent to their homes, 
if they were so fortunate as to have any, with nothing but 
empty promises, which have never been realized — and 
most of them with broken or impaired constitutions. War 
had been their trade, and most of them were destitute of 
any other profession. 

The certificates they received, as evidence of the sums 
due them from the country, were almost valueless. They 
were bought and sold in the market, at two shillings and 
sixpence for twenty shillings : and so late as 1788, they 
were worth only five shillings in the pound ; at which ruin- 
ous rates those meritorious men were driven by necessity 
to sell them, or to starve. These circumstances are here 
inti'oduced, chiefly to account for the fact, that a large 
proportion of the early adventurers to the western wilder- 
ness, had been officers or soldiers in the revolutionary war. 
They were honorable, high-minded men, whose feelings 
rebelled at the thought of living in poverty, among people 
of comparative wealth, for the protection of which, their 
own poverty had been incurred. 

Under the influence of that noble feeling, hundreds of 
those brave men left their friends and sought retirement on 
the frontiers, where no invidious comparisons could be 
drawn between wealth and poverty, and where they be- 
came again involved in the hazardous conflicts of another 
war. 

Though the writer cannot refer to any register of the 
names of the persons who composed the colony of the Ohio 
Company, yet the fact that a large proportion of them had 



46 BURNET'S NOTES ON THE 

served in the war of independence will be corroborated by 
stating the names of Putnam, Sargent, Whipple, Tupper, 
Sproat, Oliver, Greene, Cutler, Parsons, Nye, and Meigs — 
being a portion of those of them whom he knew and still 
recollects. It is also a fact, leading to the same conclusion, 
that three-fourths of the persons who formed the Miami 
Company, and advanced the first instalment of the pur- 
chase money, had served in the revolutionary war. 

Soon after the settlement was commenced at Marietta, 
three parties were formed to occupy and improve separate 
portions of Judge Symmes' purchase, between the Miami 
rivers. The first, led by Major Benjamin Stites, consisted 
of eighteen or twenty, who landed in November, 1788, at 
the mouth of the Little Miami river, within the limits of a 
tract often thousand acres, purchased by Major Stites, from 
Judge Symmes. They constructed a log fort, and laid out 
the town of Columbia, which soon became a promising vil- 
lage. Among them were Colonel Spencer, Major Gano, 
Judge Goforth, Francis Dunlavy, Major Kibbey, Reverend 
John Smith, Judge Foster, Colonel Brown, Mr. Hubbell, 
Captain Flinn, Jacob White, and John Riley. 

They were all men of energy and enterprise, and were 
more numerous than either of the parties who commenced 
their settlements below them on the Ohio. Their village 
was also more flourishing, and for two or three years con- 
tained a larger number of inhabitants than any other in the 
Miami purchase. This superiority, however, did not con- 
tinue, as will appear from the sequel. 

The second party destined for the Miami, was formed at 
Limestone, under Matthias Denman and Robert Patterson, 
amounting to twelve or fifteen in number. After much 
difficulty and danger, caused by floating ice in the river, 
they landed on the north bank of the Ohio, opposite the 
mouth of Licking, on the 24th of December, 1788. Their 
purpose was to establish a station, and lay out a town 
according to a plan agreed on, before they left Limestone. 



NORTH-WESTERN TERRITORY. 47 

The name adopted for the proposed town was Losanteville, 
which had been manufactured by a pedantic foreigner, 
whose name, fortunately, has been forgotten. It was 
formed, as he said, from the words Le os ante ville, which 
he rendered "the village opposite the mouth." Logicians 
may decide whether the words might not be rendered more 
correctly, the mouth before the village. Be that as it may, 
the settlement then formed was immediately designated by 
the name adopted for the projected town — though the town 
itself never was laid out, for reasons which will be ex- 
plained hereafter. Yet, from the facts stated, a very gen- 
eral belief has prevailed that the original name of the town 
of Cincinnati was Losanteville, and that through the influ- 
ence of Governor St. Clair and others, that name was aban- 
doned, and the name of Cincinnati substituted. This im- 
pression, though a natural one, under the circumstances of 
the case, was nevertheless incorrect. 

It is impossible to say what influence operated on the 
minds of the proprietors, to induce them to adopt the name 
of Cincinnati, in preference to the one previously proposed. 
Judge Symmes, being on the spot, might have advised it; 
but it is not probable that Governor St. Clair had any 
agency in it, as he was at the time negotiating a treaty 
with the north-western Indians, at Marietta, between which 
place and Cincinnati, there was then but very little inter- 
course. The truth may be gathered from the facts of the 
case, which are these. 

Matthias Denman, of Springfield, New Jersey, had pur- 
chased the fraction of land on the bank of the Ohio, and 
the entire section adjoining it on the north, which, on the 
survey of Symmes' grant should be found to lie opposite 
the mouth of Licking river. In the summer of 1788, he 
came out to the west to see the lands he had purchased, 
and to examine the country. On his return to Limestone, 
he met among others. Colonel Patterson, of Lexington, and 
a surveyor by the name of Filson. Denman communicated 



48 BURNET'S NOTES ON THE 

to them his intention of laying out a town on his land, 
opposite Licking ; and, after some conversation, agreed to 
take them in as partners, each paying a third of the pur- 
chase-money ; and, on the further condition, that Colonel 
Patterson should exert his influence to obtain settlers, and 
that Filson, in the ensuing spring, should survey the town, 
stake off the lots, and superintend the sale. They also 
agreed on the plan of the town, and to call it Losanteville. 
This being done, Patterson and Filson, with a party of 
settlers, proceeded to the ground, where they arrived late in 
December. In the course of the winter, before any attempt 
had been made to lay out the town, Filson went on an ex- 
ploring expedition, with Judge Symmes, and others, who 
had it in contemplation to become purchasers, and settle in 
the country. After the party had proceeded some thirty or 
forty miles into the wilderness, Filson, for some cause not now 
known, left them, for the purpose of returning to the settle- 
ments on the Ohio ; and in that attempt, was murdered by 
the Indians. This terminated his contract with Denman, 
as no part of the consideration had been paid, and his per- 
sonal services, in surveying the town, and superintending 
the sale of the lots, had become impracticable. 

Mr. Denman, being yet at Limestone, entered into ano- 
ther contract with Colonel Patterson and Israel Ludlow, by 
which Ludlow was to perform the same services as were 
to have been rendered by the unfortunate Filson, had he 
lived to execute his contract. A new plan of a town was 
then made, differing, in many important respects, from the 
former, — particularly as to the public square, the commons, 
and the names of the streets. The whimsical name which 
had been adopted for the town to be laid out under the 
first contract, was repudiated, and Cincinnati selected, as 
the name of the town, to be laid out under the new contract. 
Late in the succeeding fall, Colonel Ludlow commenced a 
survey of the town which has since become the Queen 
City of the West. He first laid off the lots, which, by pre- 



NORTH-WESTERN TERRITORY. 49 

vious agreement, were to be disposed of as donations to 
volunteer settlers, and completed the survey at his leisure. 

A misapprehension has prevailed, as appears from some 
recent publications, in regard to the price paid by the pro- 
prietors for the land on which the city stands. The 
original purchase by Mr. Denman, included a section and a 
fractional section, containing about eight hundred acres ; for 
which he paid five shillings per acre, in Continental Certifi- 
cates, which were then worth, in specie, five shillings on the 
pound— so that the specie price per acre was fifteen pence. 
That sum multiplied by the number of acres, will give the 
original cost of the plat of Cincinnati. 

The third party of adventurers to the Miami Purchase, 
were under the immediate care and direction of Judge 
Symmes. They left Limestone o;i the 29th of January, 1789, 
and on their passage down the river, were obstructed, de- 
layed, and exposed to imminent danger from floating ice, 
which covered the river. They, however, reached the Bend, 
the place of their destination, in safety, early in February. 
The first object of the Judge was to found a city at that 
place, which had received the name of North Bend, from 
the fact that it was the most northern bend in the Ohio river 
below the mouth of the Great Kanawha. 

The water-craft used in descending the Ohio, in those 
primitive times, were flat-boats, made of green oak plank, 
fastened by wooden pins to a frame of timber, and caulked 
with tow, or any other pliant substance that could be pro- 
cm-ed. Boats similarly constructed on the northern waters, 
were then called arks, but on the western rivers, they were 
denominated Kentucky boats. The materials of which they 
were composed, were found to be of great utility in the con- 
struction of temporary buildings for safety, and for protec- 
tion from the inclemency of the weather, after they had ar- 
rived at their destination. 

At the earnest solicitation of the Judge, General Harmar 
sent Captain Kearsey with forty-eight rank and file, to pro- 
4 



50 BURNET'S NOTES ON THE 

tect the improvements just commencing in the Miami coun- 
try. This detachment reached Limestone in December, 
1788, and in a few days after, Captain Kearsey sent a part 
of his command in advance, as a guard to protect the pio- 
neers under Major Stites, at the Little Miami, M^here they 
arrived soon after. Mr. Symmes and his party, accompa- 
nied by Captain Kearsey, landed at Columbia, on their pas- 
sage down the river, and the detachment previously sent to 
that place joined their company. They then proceeded to 
the Bend, and landed about the first or second of February. 
When they left Limestone it was the purpose of Captain 
Kearsey to occupy the fort built at the mouth of the Miami, 
by a detachment of United States' troops, who afterwards 
descended the river to the Falls. 

That purpose was defeated by the flood in the river, which 
had spread over the low grounds and rendered it diflicult to 
reach the fort. Captain Kearsey, however, was anxious to 
make the attempt, but the Judge would not consent to it; he 
was of com'se much disappointed, and greatly displeased. 
When he set out on the expedition, expecting to find a fort 
ready built to receive him, he did not provide the imple- 
ments necessary to construct one. Thus disappointed and 
displeased, he resolved that he would not attempt to con- 
sti'uct a new work, but would leave the Bend and join the 
garrison at Louisville. 

In pursuance of that resolution, he embarked early in 
March, and descended the river with his command. The 
Judge immediately wrote to Major Willis, commandant of 
the garrison at the Falls, complaining of the conduct of 
Captain Kearsey, representing the exposed situation of the 
Miami settlement, stating the indications of hostility mani- 
fested by the Indians, and requesting a guard to be sent to 
the Bend. This request was promptly granted, and before 
the close of the month. Ensign Luce arrived with seventeen 
or eighteen soldiers, which, for the time, removed the appre- 
hensions of the pioneers at that place. It was not long, 



NORTH-WESTERN TERRITORY. 51 

however, before the Indians made an attack on them, in 
which they killed one soldier, and wounded four or five 
other persons, including Major J. R. Mills, an emigrant from 
Elizabethtown, New Jersey, who was a surveyor, and an 
intelligent and highly respected citizen. Although he reco- 
vered from his wounds, he felt their disabling effects to the 
day of his death. 

The surface of the ground where the Judge and his party 
had landed, was above the reach of the water, and suffi- 
ciently level to admit of a convenient settlement. He 
therefore determined, for the immediate accommodation of 
his party, to lay out a village at that place, and to sus- 
pend, for the present, the execution of his purpose, as to 
the city, of which he had given notice, until satisfactory 
information could be obtained in regard to the comparative 
advantages of different places in the vicinity. The deter- 
mination, however, of laying out such a city, was not 
abandoned, but was executed in the succeeding year on a 
magnificent scale. It included the village, and extended 
from the Ohio across the peninsula to the Miami river. 
This city, which was certainly a beautiful one, on paper, 
was called Symmes, and for a time was a subject of con- 
versation and of criticism ; but it soon ceased to be remem- 
bered — even its name was forgotten, and the settlement 
continued to be called North Bend. Since then, that vil- 
lage has been distinguished as the residence and the home 
of the soldier and statesman, William Henry Harrison, 
whose remains now repose in a humble vault on one of its 
beautiful hills. 

In conformity with a stipulation made at Limestone, 
every individual belonging to the party received a donation 
lot, which he was required to improve, as the condition of 
obtaining a title. As the number of these adventurers in- 
creased in consequence of the protection afforded by the 
military, the Judge was induced to lay out another village, 
six or seven miles higher up the river, which he called 



52 BURNET'S NOTES ON THE 

South BtMul, where ho disposed of some donation lots; but 
that project luiled, and in a lew years the village was 
deserted and converted into a farm. 

l)uring these transactions, the Judge was visited by a 
number of Indians from a camp in the neighborhood of 
Stites' settlement. One of them, a Shawnee chief, had 
many complaints to make of frauds practised on them by 
white ti'aders, who fortunately had no connection with the 
pioniHM's. After several conversations, and some small 
presents, he professed to be satisfied with the explanation 
he had received, and gave assurances that the Indians 
would trade with the white men as friends. 

In one of theii* interviews, tlie Judge told him he had 
been commissioned and sent out to tlieir country, by the 
thirteen Ures, in the spirit of friendship and kindness ; and 
that he was instructed to treat tliem as friends and brothers. 
In proof of tliis, he showed tliem tlie Hag of the Union, 
with its stars and stripes, and also his commission, having 
the great seal of tlie IFnited States attached to it; exhibit- 
ing the American eagle, with the olive branch in one claw, 
emblematical of peace, and the insti'ument of war and 
death in the other. He explained the meaning of those 
symbols to their satisfaction, though at first the chief seemed 
to think tlu^y were not very striking emblems either of 
peace or friendship ; but before he departed from tlie Bend, 
he gave assurances of the most friendly character. Yet, 
when they left tlieir camp to return to their towns, they 
caiTied off a number of horses belonging to the Columbia 
settlement, to compensate for the injuries done them by 
wandering trtiders, who had no part or lot with the pioneers. 
These depredations having been repeated, a pai'ty was sent 
out in pursuit, who followed the trail of the Indians a con- 
siderable distance, when they discovered fresh signs, and 
sent Captain Flinn, one of their party, in advance, to 
reconnoiti"e. He had not proceeded far before he was sur- 
prised, talveii prisoner, and carried to the Indian camp. 



NORTH-WESTERN TERRITORY. 53 

Not liking the movements he saw going on, which seemed 
to indicate personal violence, in regard to himself, and 
ha\ing great confidence in his acti\'ity and strength, at a 
favorable moment, he sprang from the camp, made his 
escape, and joined his part}^ The Indians, fearing an am- 
buscade, did not pursue. The part}- possessed themselves 
of gome horses belonging to the Indians, and returned to 
Columbia. In a few days, the Indians brought in Captain 
Flinn's rifle, and begged Major Stites to restore their 
horse.s — alledging that they were innocent of the depreda- 
tions laid to their charge. After some further explanations, 
the matter was amicably settled, and the horses were given 
up. 

The three principal settlements of the Miami country 
were commenced in the manner above described; and 
although they had one general object, and were threatened 
by one common danger, yet there existed a strong spirit 
of rivalry bet^veen them — each feeling a pride in the pros- 
perity of the little colony to which he belonged. That 
spirit produced a strong influence on the feelings of the 
pioneers of the different villages, and produced an esprit du 
corps, scarcely to be expected under circumstances so criti- 
cal and dangerous as those which threatened them. For 
some time it was a matter of doubt, which of the rivals, 
Columbia, Cincinnati, or North ^end, would eventually 
become the chief seat of basinei^s. 

In the beginning, Columbia, the eldest of the three, took 
the lead, both in the number of its inhabitants, and the con- 
venience and appearance of its dwellings. It was a flour- 
ishing \'illage, and many believed it would become the 
great business town of the Miami countr\'. That delusion, 
however, lasted but a short time. The garrison ha^•ing 
been established at Cincinnati, made it the head-quarters, 
and the depot of the army. In addition to this, as soon as 
the Count}- Courts of the Territory- were organized, it was 
made the seat of justice of Hamilton count)'. These eid- 



54 BURNET'S NOTES ON THE 

vantages convinced every body that it was destined to 
become the emporium qjP the Miami country. 

At first, North Bend had a decided advantage over it; 
as the troops detailed by General Harmar for the protec- 
tion of the Miami pioneers were landed there, through the 
influence of Judge Symmes. That consideration induced 
many of the first adventurers to plant themselves at the 
Bend, believing it to be the place of the greatest safety. 
But, as has been stated, that detachment soon took its de- 
parture for Louisville. It appears also that Ensign Luce, 
the commandant of the party which succeeded it, did not 
feel bound to erect his fort at any particular place, but was 
at liberty to select the spot best calculated to afford the 
most extensive protection to the Miami settlers. Viewing 
his duty in that light, he put up a small temporary work, 
sufficient for the security of his troops, regardless of the 
earnest entreaty of the Judge, to proceed at once to erect a 
substantial, spacious, block-house, sufficient for the protec- 
tion of the inhabitants of the village. 

The remonstrances and entreaties of the Judge had but 
little influence on the mind of this obstinate officer; for, in 
despite of them all, he left the Bend, and proceeded to Cin- 
cinnati with his command, where he immediately com- 
menced the construction of a military work. That impor- 
tant move was followed by very decided results — it ter- 
minated the strife for supremacy, by removing the only 
motive which had induced former emigrants to pass the 
settlements above, and proceed to the Bend. As soon as 
the troops removed from that place to Cincinnati, the set- 
tlers of the Bend, who were then the most numerous, feel- 
ing the loss of the protection on which they had relied, 
became uneasy, and began to follow; and ere long the 
place was almost entirely deserted, and the hope of making 
it, even a respectable town, was abandoned. 

In the course of the ensuing summer. Major Doughty 
arrived at Cincinnati, with troops from Fort Harmar, and 



NORTH-WESTERN TERRITORY. 55 

commenced the construction of Fort Washington, which 
was the most extensive and important mihtary work in the 
Territory belonging to the United States. 

About that time there was a rumor prevailing in the set- 
tlement, said to have been endorsed by the Judge himself, 
which goes far to unravel the mystery, in which the remo- 
val of the troops from the Bend was involved. It was said 
and believed, that while the officer in command at that 
place was looking out very leisurely for a suitable site, on 
which to build the block-house, he formed an acquaintance 
Mdth a beautiful black-eyed female, who called forth his 
most assiduous and tender attentions. She was the wife 
of one of the settlers at the Bend. Her husband saw the 
danger to which he would be exposed, if he remained 
where he was. He therefore resolved at once to remove 
to Cincinnati, and very promptly executed his resolution. 

As soon as the gallant commandant discovered that the 
object of his admiration had changed her residence, he be- 
gan to think that the Bend was not an advantageous situa- 
tion for a military work, and communicated that opinion to 
Judge Symmes, who strenuously opposed it. His reasoning, 
however, was not as persuasive as the sparkling eyes of the 
fair dulcinea then at Cincinnati. The result was a deter- 
mination to visit Cincinnati, and examine its advantages for 
a military post, which he communicated to the Judge, with 
an assurance that if, on examination, it did not prove to be 
the most eligible place, he would return and erect the fort 
at the Bend. 

The visit was quickly made, and resulted in a conviction 
that the Bend could not be compared with Cincinnati as a 
military position. The troops were accordingly removed to 
that place, and the building of a block-house commenced. 
Whether this structure was on the ground on which Fort 
Washington was erected by Major Doughty, cannot now be 
decided. 

That movement, produced by a cause whimsical, and ap- 



56 BURNET'S NOTES ON THE 

parently trivial in itself, was attended with results of incal- 
culable importance. It settled the question whether North 
Bend, or Cincinnati, was to be the great commercial town 
of the Miami Country. Thus we see what unexpected re- 
sults are sometimes produced by circumstances apparently 
trivial. The incomparable beauty of a Spartan dame, pro- 
duced a ten year's war, wdiich terminated in the destruction 
of Troy; and the irresistible charms of another female, 
transferred the commercial emporium of Ohio from the 
place where it had been commenced, to the place where it 
now is. If this captivating American Helen had continued 
at the Bend, the garrison would have been erected there — 
population, capital, and business, would have centered there, 
and there would have been the Queen City of the West. 

It has been made a question, at what period the settle- 
ment of the Northwestern Territory may be fairly consid- 
ered as having commenced. Although individuals, and 
small exploring parties, connected with the Ohio Company, 
visited their purchase occasionally in 1786, but more fre- 
quently in 1787, yet it cannot be said that the settlement of 
it commenced in good earnest till the 7th of April, 1788; 
when they planted a numerous, well provided colony, at the 
junction of the Ohio and Muskingum rivers, in the immedi- 
ate neighborhood of Fort Harmar, then occupied by a gar- 
rison of American troops. 

That movement has been properly considered as the com- 
mencement of the permanent occupancy and settlement of 
that part of the Territory. In the spring and summer of 
1788, a few emigrants came to the Miami Purchase, some 
of whom remained and joined the pioneer parties before 
mentioned, in the fall and winter of 1788-9; but the per- 
manent occupancy of that part of the country must be 
dated from the succeeding year, when the three chief settle- 
ments, at Columbia, Cincinnati, and the Bend, were begun 
with such numbers, and in such a spirit, as evinced a firm 
determination to persevere and hold the country at all 
hazards. 



NORTH-WESTERN TERRITORY. 57 

When these settlements were commenced by emigrants 
who resorted to them, early in 1788, provision had not been 
made for the regular administration of justice. Judicial 
Courts had not been organized, and the inhabitants found 
themselves in an unpleasant situation, as they were ex- 
posed to the depredations of dishonest, unprincipled men, 
without the means of legal redress. To remedy that evil 
the people assembled to consult, and devise a plan for their 
common safety ; they chose a Chairman and a Secretary, 
and proceeded to business. The meeting resulted in the 
adoption of a code of By-Laws for the government of the 
settlement, in which they prescribed the punishment to be 
inflicted for various offences — organized a Court — estab- 
Ushed the trial by jury — appointed Mr. McMillan Judge, 
and John Ludlow, Sheriff". 

To these regulations they all agreed, and each gave a 
solemn pledge to aid in carrying them into effect. It was 
not long before a complaint was made against Paddy 
Grimes, for robbing a truck-patch, on which the Sheriff" was 
commanded to arrest him, and summon a jury for his trial. 
The order was obeyed, and on hearing the evidence, the 
jury found him guilty, and he was sentenced to receive 
twenty-nine lashes, which were inflicted in due form on the 
same afternoon. Other complaints of a similar character 
were made, but, in consequence of the interference of the 
officer in command of the garrison, no further decisive pro- 
ceedings were had; and this useful tribunal, organized for 
self-protection, on the genuine principles of Judge Lynch, 
was abandoned — but not without a serious conflict be- 
tween the citizens and the military, in which Mr. McMillan 
received very serious and permanent injuries. 

Fortunately, this state of things was soon terminated by 
the establishment of "A General Court of Quarter Sessions of 
the Peace and County Courts of Common Pleas," by virtue 
of a law for that purpose, published at Marietta on the 23d 
of August, 1788, which superseded the Lynch code, before 



58 BURNET'S NOTES ON THE 

it had been in operation an entire year. Mr. McMillan 
was appointed the Presiding Judge of those Courts in the 
county of Hamilton. 

The professions of friendship made by the Indians in the 
winter of 1788-9, whether sincere or not, were of short 
duration. The prevailing opinion at the time was, that 
they were sincere ; and that the assurances given by Judge 
Symmes, had removed from their minds, the apprehension 
of danger, produced by the unexpected occupancy of so 
many parts of their country simultaneously. It required, 
however, but a short time to solve that matter. Within a 
few days after those assurances were given, depredations 
were perpetrated on the property of the emigrants, and 
soon after, on their lives; so that before the year closed 
the existence of war, undisguised, was apparent to all. 
That condition of things was attributed, in part, to the 
frauds practised on the Indians by unprincipled, wandering 
traders, wholly unconnected with the pioneer settlers; and, 
in part, to the efforts of persons in the employ of the 
British Fur Company, to poison their minds and instigate 
them to hostility, by telling them that the Americans were 
maturing a plan to seize their country, and drive them 
beyond the Lakes. An attempt to solve those questions, 
or account for the conduct of the Indians, would probably 
be considered, at this day, as a useless waste of time. 
The first year after those assurances were made, had not 
expired, when Filson was killed — the settlement of Major 
Stites plundered — Captain Flinn taken prisoner — a sur- 
veying party under Mr. Mills, attacked, with the loss of 
two men killed — and the settlement at the Bend assailed, 
on which occasion one man was killed and several others 
wounded. 

To these occurrences, which took place in less than a 
year, after the assurances of friendship referred to, were 
made to the Judge, may be added, many other acts of vio- 
lence and murder which followed in quick succession — as 



NORTH-WESTERN TERRITORY. 59 

for example, the assassination of Hunt, Cutter, Freeman, 
Truman, and Hardin — and the list might be enlarged still 
further, were it necessary. These losses were in part 
attributed to the want of such military protection as Judge 
Symmes alledged was in the power of General Harmar to 
afford. 

Although that officer had but a single regiment at his 
disposal, yet, as the points to be protected were few, it 
was believed he might have accomplished the object to a 
greater extent than he did. The Muskingum and the 
Miami settlements were the only ones then existing in the 
Territory. They varied but little in numbers, and yet the 
latter was left for protection with less than an average 
of half a company, during the first, and a part of the 
second, year. At this unequal disposition of the troops, 
the Judge complained. He charged General Harmar with 
partiality, and his feelings were so much excited by this 
palpable neglect, that he instructed his agent in New 
Jersey, to present the case to the Secretary of War, and 
request his interposition. It does not appear that such a 
complaint was made, or, if made, that any serious notice 
was taken of it. 

It is impossible to look at the condition of the Miami coun- 
try in 1788 and 1789, without coming to the conclusion that 
such a military force as might have been stationed there, 
without inconvenience, and without injustice to any other 
portion of the Territory, would have prevented much suf- 
fering — saved many losses — and induced a number of the 
early emigrants to establish themselves in that delightful 
region, who turned from it in consequence of its exposed 
and unprotected condition, and made their locations else- 
where. This difficulty is most probably ascribable to the 
fact, that an unreasonable proportion of the regiment was 
stationed at the Falls, during this period of difficulty and 
danger. To one who knew the defenceless situation of those 



60 BURNET'S NOTES ON THE 

settlements, it is matter of surprise, that they did not suffer 
more severely than they did. 

It is a perversion of language, to apply the phrase mili- 
tary protection, to any thing enjoyed by the Miami people, 
at the time when protection w^as most v^ranted. If it be 
asked what protection they really did receive, during the 
period of their greatest exposure, the answer may be given 
in few words. Eighteen soldiers were stationed about 
thirty days at Columbia, in the fall of 1788 ; one company 
halted at North Bend thirty-four days, in the winter of 
1788-9; after which a detachment of eighteen, rank-and- 
file, landed at the same place, where they remained a few 
days, and then proceeded to Cincinnati. This constitutes 
the military protection afforded to three infant settlements, 
extending nearly thirty miles in an enemy's country. 
'■'■Kisum teneatis amici.''^ 

After looking on this picture, nobody can feel surprised 
that Judge Symmes, whose life and fortune were at stake, 
should lose his temper and complain. In spite, however, 
of those early disadvantages, the Miami valley took the 
lead of every other portion of the great West, in population 
and enterprise. 

At the time here spoken of, the woods were literally 
swarming with Indians, scattered in every direction ; and, 
in addition to other difficulties, those who ventured into the 
wilderness, from duty or choice, were in constant danger 
of meeting some of those parties, and suffering the conse- 
quences. It was a matter of surprise, to all who were 
conversant with the condition of the army, during the whole 
period of the Indian war, that so many, and such fearful 
risks were run, attended with so small a number of disas- 
ters. Next to the protecting care of Providence, this is 
ascribable to an insensibility to danger, produced by a 
constant exposure, which renders the mind callous, and at 
the same time collected ; and prepares it to act promptly. 



NORTH-WESTERN TERRITORY. 61 

in any emergency. It is known from experience, that ha- 
bitual exposure to danger robs it of its terrors, and inspire s 
the white man with the same presence of mind, the same 
vigilance, and the same acuteness of perception of the 
presence of danger, or the near approach of an enemy, 
which the aborigines possess in so remarkable a degree. 

Those persons who had early intercourse with the officers 
who served in the western campaigns, were surprised at 
the levity with which they spoke of their exposures and 
hair-breadth escapes ; and the calm indifference manifested 
at the recital of scenes of disaster, which must have been 
highly distressing. This did not proceed from any want of 
natural tenderness or sympathy, but from temporary ob- 
tuseness of feeling, acquired during their campaigns in the 
Indian country. 

It seems to be a kind pro\'ision of Providence, that men 
constitutionally timid and sensitive to danger, cease to be 
agitated by fear, after they have become familiar with 
scenes of distress and objects of misery'. Under such cir- 
cumstances they soon learn that steady nerves are neces- 
sary to ensure personal safety, and that the indulgence of 
fear agitates the mind, and renders it unfit to draw safe 
conclusions, when pressing danger calls for instant action. 



CHAPTER III. 

Counties in the Territory. — Their Seats of Justice and Oourts. — The General 
Court. — Its powers. — Its usurpations as Legislators. — Fatigue and exposure 
of the Bar. — Extent of their circuit. — A game of Indian foot-ball. — Journey 
from Cincinnati to Vincennes, in December, 1799. — Gen. George Rogers 
Clark. — His achievements and victories. — His conquests the chief ground of 
the American claim to the North-western Territory. — Embarrassments of 
his situation. — His expedients to support his troops. — Ingratitude of the 
Government. 

When the writer of these notes came to Cincinnati, only 
four counties had been established and organized in the 
Territory — each of which was sufficiently extensive to form 
an independent state. They bore the names of Washing- 
^'^ ton, Hamilton, St. Clair, and Knox ; in honor of the distin- 
guished revolutionary patriots after whom they were called, 
and who, in public estimation, stood on the scale of merit, 
in the order in which they are here named. The seat of 
justice of the county first mentioned, was established at 
Marietta — the second at Cincinnati — the third at Kaskas- 
kias — and the fourth at Vincennes, then generally called 
Au Post. 

As the population of the territory increased, new settle- 
ments were formed, and the Governor proceeded, from time 
to time, as the convenience of the inhabitants required, to 
lay out and organize other counties, under the power dele- 
gated by the ordinance ; in each of which. Courts of Com- 
mon Pleas, and General Quarter Sessions of the Peace, 
vested with civil and criminal jurisdiction, were established. 



NORTH-WESTERN TERRITORY. 63 

The General Court consisted of three judges, appointed 
by the President, with the advice and consent of the Senate ; 
each of whom received a salary of eight hundred dollars, 
from the Treasury of the United States. It was the highest 
judicial tribunal in the Territory, and was vested with 
original and appellate jurisdiction in all civil and criminal 
cases, and of capital cases: and on questions of divorce and 
alimony, its jurisdiction was exclusive. It was, however, a 
Common Law Court merely, without Chancery powers, and 
it was the court of dernier resort. 

It had power to revise and reverse the decisions of all 
other tribunals in the Territory; yet its own proceedings 
could not be reversed or set aside, even by the Supreme 
Court of the United States. It was held at Cincinnati, in 
March; at Marietta, in October; at Detroit, and in the 
western counties, at such time in each year as the judges 
saw proper to designate. 

In conjunction with the Governor, or, in his absence, the 
Secretary of the Territory, they were constituted a legisla- 
tive body, and vested with power to adopt any law in force 
in either of the original states ; and it was made their duty 
to report all laws so adopted, to the Congress of the United 
States, for their approbation. If they were approved by 
that body, they became the laws of the Territory, until 
repealed by themselves, or by the General Assembly, there- 
after to be established. 

From some cause or other, those intelligent men, at first, 
overlooked the restriction imposed on their power, by the 
ordinance ; and proceeded to enact laws at their own dis- 
cretion — which, of course, could not be approved by Con- 
gress. And moreover, after they recognized the restriction, 
and professed to conform to it, any person who will be at 
the trouble of collating the laws professedly adopted, with 
the originals in the statute books from wliich they were 
taken, will find that all of them are more or less altered 
and modified, in substance as well as in form ; and many of 



64 BURNET'S NOTES ON THE 

them so mutilated and changed as to retain but little more 
than the title and the enacting clause. According to their 
construction of the compact, the limitation imposed on their 
discretion was entirely useless. 

The propriety of their course was frequently questioned 
by the bar, and a disposition existed to test its validity. 
No attempt, however, was made for that purpose, in conse- 
quence, probably, of the fact, that Congress had merely 
withheld their assent, without expressing an actual dissent; 
and that as the validity of the laws would be decided by 
the same men who passed them, the hope of a successful 
result was too weak to justify the undertaking. The con- 
sequence was, that all the laws professedly adopted and 
promulgated by that quasi Legislature, were treated as 
constitutional by the bar and by the Courts, and were con- 
tinued in force till they w'ere confirmed, repealed, or 
amended, and adopted by the Legislature of the Territory. 
The Governor, who acted with the Judges, as one of the 
Legislative Council, in the adoption of those laws, remon- 
strated against the course pm-sued at the time ; and after- 
wards, in his first addi'css to the Territorial Legislature, in 
1799, called their attention to the subject, and recommended 
such legislation as might be thought necessary to legalize 
the proceeding, or remove any doubt that might exist in 
reference to it. In conformitj- with that recommendation, 
the subject was taken up, and the remedy applied. 

A reference to the map of the Territory, showing the 
relative position of the seats of justice of the different 
counties, as they were at that time, separated from each 
other by extensive tracts of uninhabited wilderness ; stretch- 
ing from a hundred and fifty to two hundred miles, without 
roads, bridges, or ferries, would lead to the opinion, that 
the legal business of each county was done exclusively, 
by those professional men who resided at its seat of justice. 
That, however, was not the case. From the year 1796, till 
tlie formation of the State Government in 1803, the bar of 



NORTH-WESTERN TERRITORY. 65 

Hamilton county occasionally attended the General Court 
at Marietta, and at Detroit, and during the whole of that 
time, Mr. St. Clair, Mr. Symmes, and Mr. Burnet, never 
missed a term in either of those counties. 

The journeys of the Court and Bar, to those remote 
places, through a country in its primitive state, were una- 
voidably attended with fatigue and exposure. They gen- 
erally traveled with five or six in company, and with a 
pack-horse to transport such necessaries as their own 
horses could not conveniently carry, because no dependence 
could be placed on obtaining supplies on the route : al- 
though they frequently passed through Indian camps and 
villages, it was not safe to rely on them for assistance. 
Occasionally, small quantities of corn could be purchased 
for horse feed, but even that relief was precarious, and not 
to be relied on. 

In consequence of the unimproved condition of the coun- 
tiy, the routes followed by travelers were necessarily cir- 
cuitous, and their progress slow. In passing from one 
county seat to another, they were generally from six to 
eight, and sometimes ten, days in the wilderness ; and, at 
all seasons of the year, were compelled to swim every 
water course in their way, which was too deep to be 
forded ; the country being wholly destitute of bridges and 
ferries : travelers had therefore to rely on their horses, as 
the only substitute for those conveniencies. That fact 
made it common, when purchasing a horse, to ask if he 
were a good swimmer, which was considered one of the 
most valuable qualities of a saddlehorse. Strange as this 
may now appear, it was then a very natural enquiry ; and 
the importance of it may be seen from the following con- 
cise narrative. 

In the fall of 1801, Mr. Burnet, on his return from the 
General Court at Marietta, without company, found it ne- 
cessary in consequence of recent heavy rains, to swim his 
horse frequently on the route, once at White Oak, which: 
5 



06 BURNET'S NOTES ON THE 

was unusually high ; the bottom on the east side being en- 
tirely flooded. When he first approached it, he paused and 
hesitated, but on discovering that the water was yet rising, 
he determined to proceed. To keep his papers dry, they 
were removed from his saddle-bags to his cloak, which was 
rolled up and tied behind him. The opposite bank was a 
bliifr, through which a pathway had been dug to the water's 
edge for the safety and convenience of travelers. 

After wading through the bottom to the margin of the 
creek he stopped and calculated the velocity of the current 
as well as he could, by the movement of the drift wood, for 
the purpose of deciding how far he should enter above the 
path, to strike the opposite landing; this done, he put in, 
with his horse's head bearing up stream, but the animal 
chose to steer for himself, and seeing the landing place on 
the opposite side, made directly for it. Being a fine swim- 
mer, he struck it at the lower point, so as to enable his rider 
to seize a bush in the edge of the water by which he aided 
the animal in extricating both himself and rider from the 
most imminent danger. About two miles further on, he 
swam another small run, which was swollen to an unusual 
height. A few miles still further, brought him to the east 
fork of the Miami, opposite Williamsburg, which he also 
swam, rather than wait for a canoe to be sent over. On the 
next day he had to swim the same stream near where the 
town of Batavia now stands, and afterwards, the Little Mi- 
ami, at Turpin's Bottom. This adventure furnishes the 
reason why dexterity in swimming was so highly prized in 
a saddle horse in those primitive times. 

Exposures of a similar nature were frequent. In the pre- 
ceding fall. Judge Symmes, in company with five or six of 
the Cincinnati Bar, set out from that place for Marietta, to 
attend the General Court. They traveled the route by Chil- 
licothe and the Scioto saltworks, crossing the Hocking river 
near the place where the town of Athens now stands. At 
that place they found a cabin, and were informed by the 



NORTH-WESTERN TERRITORY. fJ7 

family occupying it, that six or eight miles below, there was 
a path leading from the river direct to Marietta, which was 
a nearer and better way than they had been accustomed to 
travel, by the mouth of that river. When they came to the 
path which had been recommended, it was late in the after- 
noon, and the clouds threatened rain ; they determined, how- 
ever, to take it, and proceeded on their journey. As long 
as daylight lasted they succeeded very well, but night soon 
came on, and it became so extremely dark that it was al- 
most impossible to keep the path, which was covered with 
fallen leaves. This induced some of the party to call a 
halt, and propose to stop and encamp for the night; but the 
majority determined to proceed, and that one at a time 
should dismount, and lead the way on foot, relying on the 
sense of feeling to keep the path. This plan was adopted, 
and the party went on slowly. 

Some time after midnight, Mr. B. was on foot, leading his 
horse, in front, and feeling for the path, when he stepped 
down a precipice about three feet ; his horse being fright- 
ened, suddenly drew back, and prevented him from falling. 
On regaining his former position, it was ascertained that a 
little in the rear of that precipice, the path turned to the left 
at nearly a right angle, and went down a sidelong hill some 
fifty feet or more, to a creek, which proA^ed to be Wolf 
creek. On the opposite bank, it was ascertained by the 
barking of dogs, that there was an inhabited cabin, into 
which, after many entreaties and multiplied assurances that 
they were honest, peaceable travelers, they were admitted, 
and sheltered for the residue of the night. The next 
morning, a ride of twelve miles took the party to Marietta. 

After the close of the Term, Mr. B. with two or three of 
the party, returned home by the same route. When they 
arrived at Wolf creek, and he saw, that within three feet of 
the small precipice, from which he had stepped in the dark, 
there was another, almost perpendicular, down to the bed of 
the creek, and saw the tops of the trees immediately below, 



eS BURNET'S NOTES ON THE 

into which a step or two more would have carried him, his 
feehngs may be imagined, but cannot be described. 

Such excursions were frequent during the first twelve or 
thirteen years after the settlement of the Territory began ; 
and although they were attended with privation and ex- 
posure, and often with great personal danger, yet they were 
not destitute of interest, or amusement. The exploration 
of the rich, luxuriant forest and prairie, through which they 
passed, could not fail to produce the most pleasurable sen- 
sations. The opportunity of learning the habits, and mode 
of living, of the Aborigines, and of studying the peculiari- 
ties of their character, was a matter of interest to every 
traveler; and scarcely a day passed without some occur- 
rence of an amusing or instructive nature. 

On one of the journeys of the Court and Bar, to Detroit, 
they arrived at the Ottawa town, on the Auglaize, about the 
middle of the day, and accepted an invitation to remain 
there till the next morning. Blue Jacket, the Shawnee chief, 
who commanded in the battle of the 20th of August, 1794, 
resided at that village, but was then absent. The party, 
however, were received very kindly by the A^enerable old 
Delaware chief Bu-kon-ge-he-las, whose name has been 
given to a fine mill-stream in Logan county\ He was one 
of the chiefs Avho negotiated the treat}' at the mouth of the 
Big Miami, with General George R. Clark, in 1786, in which 
his name is written Bo-hon-ghe-lass. 

In the course of the afternoon he got up a game of foot- 
ball, for the amusement of his guests, in the true aboriginal 
style. He selected two young men to get a purse of trin- 
kets made up, to be the reward of the successful party. 
That matter was soon accomplished, and the whole village, 
male and female, in their best attire, were on the lawn ; 
which was a beautiful plain of four or five acres, in the cen- 
ter of the village, thickly set in blue grass. At each of the 
opposite extremes of this lawn, two stakes were set up, 
about six feet apart. 



NORTH-WESTERN TERRITORY. 69 

The men played against the women ; and to countervail 
the superiority of their strength, it was a rule of the game, 
that they were not to touch the ball with their hands on the 
penalty of forfeiting the purse ; while the females had the 
privilege of using their hands as well as theh- feet; they 
were allowed to pick up the ball and run and throw it as far 
as their strength and activity would permit. When a squaw 
succeeded in getting the ball, the men were allowed to seize 
— whirl her round, and if necessary, throw her on the grass 
for the purpose of disengaging the ball — taking care not to 
touch it except with their feet. 

The contending parties arranged themselves in the center 
of the lawn — the men on one side and the women on the 
other — each party facing the goal of their opponents. The 
side which succeeded in driving the ball tlirough the stakes, 
at the goal of their adversaries, were proclaimed victors, 
and received the purse, to be divided among them. 

All things being ready, the old chief came on the lawn, 
and saying something in the Indian language not under- 
stood by his guests, threw up the ball between the lines of 
the combatants and retired; when the contest began. The 
parties were pretty fairly matched as to numbers, having 
about a hundred on a side, and for a long time the game 
appeared to be doubtful. The young squaws were the 
most active of their party, and most frequently caught the 
ball; when it w^as amusing to see the struggle between 
them and the young men, w^hich generally terminated in 
the prostration of the squa^v upon the grass, before the 
ball could be forced from her hand. 

The contest continued about an hour, with great anima- 
tion and various prospects of success ; but was finally de- 
cided in favor of the fair sex, by the herculean strength of 
a mammoth squaw, who got the ball and held it, in spite of 
the efforts of the men to shake it from the grasp of her 
uplifted hand, till she approached the goal, near enough to 
throw it through the stakes. 



70 BURNET'S NOTES ON THE 

When the contending parties had retired from the strife, 
it was pleasant to see the exultation expressed in the faces 
of the victors, whose joy was manifestly increased by the 
circumstance that the victory was won in the presence of 
white men, whom they supposed to be highly distinguished 
and honored in their nation ; a conclusion very natural for 
them to draw, as they knew the business on which their 
guests were journeying to Detroit. The party spent the 
night very pleasantly in the village, and in the morning re- 
sumed their journey. 

On their outward trip they took the route by Dayton, 
Piqua, Loramie's, St. Mary's, and the Ottawa town, on the 
Auglaize, and from thence down that river, to Defiance; 
thence to the foot of the Rapids, and thence by River 
Raisin to Detroit; but on their return from Detroit, they 
crossed the Maumee river at Roche de BoBuf, by the advice 
of Black Beard, a personal friend of Judge Symmes, who 
lived in that neighborhood, and wdth whom the party 
breakfasted. As a matter of precaution, they hired his son 
to accompany them, in the capacity of a guide. He led 
them through a succession of wet prairies, over some of 
which it was impossible to ride, and it was with great diffi- 
culty they were able to lead, or drive their horses through 
the deep mud which surrounded them on all sides. After 
two days and a half of incessant toil and difficulty, they 
arrived at the same village in which they had been so 
kindly treated, and so much amused, on their outward trip. 
To their great mortification and disappointment, they were 
informed that Blue Jacket had returned from Cincinnati a 
day or two before, with a large quantity of whiskey, and 
that his people were in a high frolick. This information 
was soon confirmed, by the discovery, that the whole vil- 
lage, male and female, were drunk. The party, however, 
were received with great kindness, but it was in a style 
they were not disposed to permit. 

An old withered looking squaw, very drunk, was ex- 



NORTH-WESTERN TERRITORY. 71 

tremely officious. Knowing that Mr. St. Clair, one of the 
party, was the attorney general of the Territory, and son 
of the Governor, her attentions were principally conferred 
upon him — she kissed him, and exclaimed " You big man — 
Governor's son," then turning to the rest of the party, said 
with marked contempt, " You be milish," and then kissed 
Mr. St. Clair again. It was certainly one of those rare 
occasions, on which men of sensibility and delicacy, feel 
the advantage of being placed at a low grade, on the 
scale of dignity. 

It was manifestly impossible to remain in the village, 
and the only alternative was to proceed on their journey. 
It was then late in the afternoon ; they were much fatigued, 
and had a wet swampy path of twelve miles to pass over, 
to the St. Mary's, through a valley swarming with gnats 
and mosquitoes. It was a choice of evils; but as there was 
no room to hesitate, they saddled their horses and started. 
Night overtook them in the middle of the swamp. There 
being no moon, and the forest very dense, it was found im- 
possible to keep the path, much less to see and avoid the 
quagmires on every side. They had no alternative, and 
were compelled to halt till morning. To lie down was 
impossible, from the nature of the ground; and to sleep 
was still more difficult, as they were surrounded with 
gnats and mosquitoes. After remaining in that uncom- 
fortable condition, five or six hours, expecting every mo- 
ment their horses to break away, day-light made its ap- 
pearance for their relief. About sunrise they arrived at 
the old fort, Adams, at the crossing of the St. Mary's, 
then occupied by Charles Murray and his squaw, where 
they got breakfast, and proceeded on their way to Cin- 
cinnati. 

Journeys of a similar character were of frequent occur- 
rence during the continuance of the Territorial government, 
and for some years after. But it is not proposed to detain 



72 BURNET'S NOTES ON THE 

the reader with an account of more than one other excur- 
sion of that character. 

^ In December, 1799, Mr. St. Clair and Mr. Burnet set out 
on a trip from Cincinnati to Vincennes, on professional 
business. Mr. Morrison, who was on his way from New- 
England to Kaskaskias, with a view of establishing himself 
on the Mississippi, traveled with them. They purchased a 
small Kentucky boat, sometimes called an ark, in which they 
embarked with their horses, provisions, etc. In the after- 
noon of the fourth day they arrived at the Falls of the Ohio, 
where they left their boat, mounted their horses, and proceed- 
ed on their journey. About nine o'clock in the evening, 
they discovered, at a little distance from the path they were 
traveling, a camp of four or five Indians, which they ap- 
proached. After having shaken hands with them, they 
procured a brand of fire, and proceeded some distance fur- 
ther on their way, and then halted for the night. Having 
brushed away the snow from the spot they had selected for 
their camp, and collected a good supply of wood for the 
night, they kindled a fire, took some refreshment, wrapped 
themselves in their blankets, and laid down to sleep. 

The next night they encamped in a rich valley, where 
they found an abundance of fallen timber, which enabled 
them to keep up a large fire through the night, before which 
they slept very comfortably till morning. During the night, 
a couple of panthers, attracted by the light of the fire, ap- 
proached sufficiently near the camp, to serenade them with 
their unwelcome music — but kept at a respectful distance. 
The next day, they encountered a severe snow-storm, dur- 
ing which they surprised eight or ten buffalo, sheltering 
themselves from the storm, behind the top of a beech tree, 
full of dead leaves, which had fallen by the side of the 
" trace," and hid the travelers from their view. The tree 
and the noise of the wind among its leaves, prevented them 
from discovering the party, till they had approached within 



NORTH-WESTERN TERRITORY. 73 

two rods of the place where they stood. They then took to 
their heels, and were soon out of sight. One of the com- 
pany drew a pistol and fired, but without any visible effect. 

That evening they reached White river, where they found 
an old cabin deserted by its builder, in which a large wild 
cat had taken shelter, and seemed disposed, at first, to vin- 
dicate his right of possession. He was, however, soon 
ejected, and the travelers entered and occupied the prem- 
ises without molestation, during the night, and without at- 
tempting to do personal violence or injury to the tenant 
they had dispossessed. The next morning they arrived at 
Post Vincennes, where they tarried about a week. In the 
mean time, Mr. Morrison proceeded westward. As soon 
as Messrs. S. and B. had closed their business, they set out 
for home, having abandoned the idea of engaging in the 
practice of law in that county, from a conviction that the 
profits of the business would not be an adequate compen- 
sation for the fatigue and loss of time to which it would 
subject them. 

Before they left the Post, Colonel Vigo — a French gen- 
tleman, who had been an Indian trader more than forty 
years, (and had in that time made and lost one or two for- 
tunes ;) but was a generous, high minded man, in all cir- 
cumstances — furnished ample stores for their journey, which 
he constrained them to accept, including a complete appa- 
ratus for striking and kindling fires. No occurrence of im- 
portance took place on the first day. The second brought 
a snow-storm, which continued through the day. About 
noon they halted to feed their horses and partake of some 
refreshment. The snow was brushed from a log by the 
side of the "trace," on which they sat down and dined sump- 
tuously on a frozen chicken, a biscuit, and some old peach 
brandy, put up for them by their hospitable friend. It was 
their calculation when they left Vincennes, to encamp that 
night on Blue river, but being mistaken as to the distance, 
they did not reach the place till several hours after dark. 



74 BURNET'S NOTES ON THE 

The weather having then moderated, it commenced rain- 
ing, and the rain continued to fall during the principal part 
of the night. 

As this crossing place was the best ford on the river, it 
had been the common encamping ground of travelers, be- 
tween the Falls and Vincennes, from the first establish- 
ment of the Post, in the year 1735, and as a matter of 
course, all the fuel that could be conveniently obtained, had 
been used up. Nothing remained in the vicinity, but the 
larger class of trees, which travelers, after a tedious day's 
journey, were not disposed to encounter, though they might 
have the means of felling them. After rambling through 
the woods in the snow, which was six or eight inches deep, 
they succeeded in gathering some dry limbs that had 
recently fallen, which they carried to the place selected for 
their camp, and then kindled a cheerful little fire, sufficient 
to boil a pot of coffee, and thaw a frozen roast chicken ; but 
by the time their supper was finished, their stock of fuel 
was exhausted, and their fire went out. Thus situated, 
their prospects for the night were any thing but cheering — 
the ground covered with snow, the rain falling plentifully, 
and their fire extinguished. 

Determined, however, to make the best of their situation, 
they scraped away the snow, and with their coats and 
blankets wrapped themselves up as comfortably as they 
could, and laid down for the night. Their saddle-bags 
served for pillows, and their saddles were so placed as to 
shelter their heads. In that manner they slept as comforta- 
bly as circumstances permitted, till morning. When they 
rose from their beds they were as wet as they could have 
been if they had slept in the bed of the river. Having no 
fire, they made a cold breakfast, tempered it with a little 
peach-brandy, then saddled their horses and started for 
Louisville, where they arrived about dark, on Christmas 
evening. Being very much fatigued, they partook of a 
good supper and retired to comfortable beds. 



NORTH-WESTERN TERRITORY. 75 

The next morning they rode into the country some ten or 
twelve miles, to see, and pay their respects to, General 
George Rogers Clark, who then lived with his brother. 
They were received with kindness, and invited to spend 
the day. 

At that time the exploits of General Clark, whose mili- 
tary talents were of a high order, were fresh in the recol- 
lection of the country. Early in the Revolutionary War, 
while a private citizen, holding no commission, civil or 
military, he distinguished himself by his efforts to protect 
the frontier settlements of Virginia and North Carolina, 
against the incursions of the Indians. 

He led the party which made the first lodgement at the 
Falls of the Ohio, where an improvement was then com- 
menced, from which the splendid city of Louisville has 
grown up. He was the leading commissioner in negoti- 
ating a treaty between the United States and the chiefs 
and w^arriors of the Shawanee nation, including a part of 
the Delawares, at the mouth of the Big Miami, in January, 
1786, by which the United States were acknowledged to be 
the sole and absolute sovereigns of all the territory ceded 
by the treaty of peace with Great Britain in 1783. 

His expedition to the Mississippi in 1778, was then a 
part of the unwritten history of the Revolution, but it was 
universally known, and justly appreciated in the West; and 
it gave him a high rank among the military men of his day. 
When the Commonwealth of Virginia sent him a Colonel's 
commission, accompanied with a warrant to raise a regi- 
ment of volunteers, and for that purpose to make contracts 
on the credit of the State, they did not furnish him with 
funds for the purpose, but left him to procure them, in the 
best way he could ; either on their credit, or on his own. 
Yet such was his perseverance, and so unbounded was his 
confidence in the honor of his native State, and such was 
his influence with the people of the West, who knew his 
bravery and his military talents, that he soon raised a regi- 



76 BURNET'S NOTES ON THE 

ment of hardy Kentuckians, whom he inspired with his own 
spirit, and having attached them warmly to his person, led 
them to the Mississippi, and captured the posts at Kaskas- 
kias and Cahokia. The inhabitants of those villages, on 
receiving a promise of protection, declared allegiance to the 
United States. At that time. Governor Hamilton was at 
Fort Vincennes, making his arrangements to capture Clark 
and his band of heroes, which he expected to accomplish, 
with but little difficulty. Clark, however, was aware of 
the Governor's purpose, and also of the danger of his own 
situation, and determined to anticipate his enemy. Having 
left a sufficient number of men to ensure the safety of the 
conquests he had already made, he proceeded with the 
residue by a forced march through swamps and quagmires 
to the Wabash, where he arrived, without the loss of a 
man, though the country was so flooded, that they were 
sometimes compelled to swim. The advance of the troops 
was so arranged, as to bring them to the village, before the 
dawn of day, and before the Governor was advised of their 
movement from the Mississippi. The consequence was, 
the post was carried by storm, and the Governor and his 
troops made prisoners of war.' 

(1) Col. John Paul, late of Madison, Indiana, who served as a volunteer in 
the expedition to the Mississippi and the Wabash, under the command of Gen. 
Clark, at that time a colonel in the service of Virginia, stated in frequent con- 
versations with the writer of this narrative : that the colonel embarked with his 
regiment at the Falls, and descended the Ohio to some point, not far from the 
mouth of the Wabash; where he landed apart of his men, and, having ordered 
the residue to proceed with the boats, baggage, etc. to the mouth of the Ohio, 
and thence to Kaskaskias, proceeded across the country by the most direct 
route, to the same place. When he arrived in sight of the village, the inha- 
bitants were as much surprised, as if they had seen him descend from the 
clouds. As the provisions brought in the knapsacks of his men were nearly 
exhausted, and many days must elapse before the arrival of his boats, he was 
admonished to act promptly and without delay. 

For the purpose of magnifying his force, in the estimation of the town and 
garrison, as soon as he came in sight, he ordered his men to march in such a 
circuitous manner, that the formation of the intervening ground led the en- 
emy to see and count them twice or thrice, without discovering the deception. 



NORTH-WESTERN TERRITORY. 77 

That expedition was not excelled in difficulty and suffer- 
ing, or in daring courage, by the memorable march of 
Arnold, to Quebec, in 1775. 

General Clark succeeded in retaining military possession 
of that extensive country till the close of the war, and by 
that means secured it to the United States. The fact is 
well known, that in arranging the articles of the treaty of 
peace, at Paris, the British commissioners insisted on the 
Ohio river, as part of the northern boundary of the United 
States ; and that the Count de Vergennes favored that claim. 
It appears also from the diplomatic correspondence on that 
subject, that the only tenable ground, on which the Ameri- 
can commissioners relied, to sustain their claim to the 
Lakes, as the boundarj^ was the fact, that General Clark 
had conquered the country, and was in the undisputed 
military possession of it at the time of the negotiation. 
That fact was affirmed and admitted, and was the chief 
ground on which the British commissioners reluctantly 
abandoned their claim. 



He then halted, and with a part of his men and a flag, advanced to the fort, 
and demanded an immediate surrender on the penalty of receiving no quarter, 
in case of a refusal. The inhabitants at once submitted. The commandant 
of the post, in the surprise of the moment, followed the example, and surren- 
dered the garrison prisoners of war, without firing a gun. The Colonel then 
proceeded to Cahokia, about thirty miles north, and with but little difficulty 
obtained a surrender of the fort and garrison at that place; the inhabitants of 
both villages being predisposed to submit, and declare allegiance to the United 
States. 

These conquests were achieved before the arrival of the boats, and were im- 
mediately made known to Governor Hamilton, at Vincennes, by some friend 
of the enemy, who stated at the same time the diminutive force by which the 
object was accomplished. The Governor immediately projected a plan to sur- 
prise the Americans, and retake the posts. In the mean time the boats arrived 
with the residue of the regiment ; when Clark, leaving a sufficient number of 
men to retain the posts he had captured, marched without loss of time to Vin- 
cennes. Having waded through mud and water for several days, he ap- 
proached the low ground on the Wabash river, which was so flooded that his 
men were frequently up to their arm-pits in water. Yet they were not dis- 
heartened, nor did their devotion to their heroic leader in the least degree 
abate. 



78 BURNET'S NOTES ON THE 

It is a fact of importance in estimating the character and 
claims of General Clark, on the American people, that the 
Legislature of Virginia did not furnish him with money or 
other means to accomplish the service they had appointed 
him to perform. They merely sent him a commission, ac- 
companied with power to recruit men, and make contracts 
obligatory on the State. But the State having no credit, he 
was cast on his own energy, and relied on his own personal 
efforts to raise and equip his troops, and to feed and clothe 
them during the time of their service, which continued to 
the end of the war. The task he undertook was a hercu- 
lean one. There were but very few who could have ac- 
complished it; and nothing but the most ardent attachment 
to his country, could have prompted him to undertake it, 
and to persevere as he did. 

Patriotism, and a laudable desire of military fame, were 
the governing influences of his mind. They led him to in- 
cur great hazards, and enabled him to accomplish much. 
During his campaign — and in fact from the day he be- 
gan to recruit his regiment till he had taken Post Vin- 
cennes by storm, and captured the garrison with the British 
Governor — he had no time to reflect on consequences. His 
troops were subsisted on a scanty allowance, such as they 
were able to carry on their backs on a rapid march. But 
when the campaign was over, and his mind became occu- 
pied in devising means for the future subsistence of his 
troops, and to retain the posts he had taken, he discovered 
his situation to be apparently hopeless ; but despair formed 
no part of his character — it was a feeling he had never in- 
dulged — and he resolved to assume the responsibility of sus- 
taining his regiment, and holding the posts in his possession 
be the consequences what they might. He held in his hands 
conclusive evidence that the Legislature of Virginia had 
authorised him to raise the regiment, and to enter into such 
contracts as should be necessary to carry the projected plan 
into operation. 



NORTH-WESTERN TERRITORY. 79 

On the credit of that document, he was enabled for some 
time to raise supplies of provision, clothing, etc. for the sus- 
tenance and comfort of his troops, for which he drew on the 
Commonwealth, in favor of the persons who had furnished 
the supplies ; his drafts being accompanied with such vouch- 
ers as are usually furnished on similar occasions. To his 
astonishment, and the surprise of all who knew the facts, 
those drafts were dishonored, for such reasons as could not 
but wound the feelings of the gallant chief who had drawn 
them. But yet, even this did not shake his purpose, or in- 
duce him, for a moment, to hesitate in carrying out his de- 
termination to preserve the conquests he had made ; most 
probably without thinking of the inestimable benefits which 
the nation would derive from them in the future adjustment 
of her northern boundary. 

One might have supposed that the rude imputation con- 
veyed in the deliberate act of dishonoring his drafts, in fa- 
vor of persons who had advanced for the support of his re- 
giment, almost every thing they were worth, would have 
disgusted and driven him from the service of his country ; 
but such was not the fact. As his difficulties multiplied, his 
resolution gained strength, and when his credit failed, and 
he was cut off from every other resource, he resolved to sus- 
tain his troops, and preserve his conquests, by the strong 
arm of power. 

After weighing the consequences both to himself and his 
country, he resorted to forced loans, and by that hazardous 
expedient, accomplished the object nearest his heart, which 
was the preservation of his conquests till the close of the 
war. But before he proceeded to that extremity, he made 
an appeal to the judgment and feelings of the citizens of 
Vincennes, and the settlements on the Mississippi, stating 
his determination, and the considerations which had induced 
him to adopt it. He took it for granted, that as they had 
given in their adhesion, and had declared allegiance to the 
United States, he had a right to expect from them the as- 



80 BURNET'S NOTES ON THE 

sistance he needed. That appeal having failed to produce 
the desired effect, he issued an order, as commandant of the 
regiment, directed to some two or three of his officers, com- 
manding them to enter on the premises of the persons de- 
signated in the order, sequester the property there found, 
and remove it to the public store, for the exclusive use of 
the troops. They were also ordered to cause exact inven- 
tories to be made of every article so taken, with its fair 
value annexed, by impartial citizens of the place, certified 
copies of which were furnished to the owners of the goods, 
accompanied by the certificate of the commandant that all 
the property specified in the inventory, had been taken and 
appropriated to the sole and exclusive use of the troops 
under his command, and was to be paid for by the Common- 
wealth of Virginia. 

By that expedient, and that alone, he was enabled to 
maintain the posts he had conquered on the Mississippi and 
the Wabash, till the termination of the war ; by which he 
saved to the nation the vast territory lying between the 
Ohio river and the lakes. 

Colonel Vigo was one of the persons who voluntarily sur- 
rendered his property for the support of the regiment, and 
received a draft on Virginia for the amount, which was dis- 
honored. That noble hearted man lived many years after- 
Avards in comparative poverty, and died almost a pauper, 
holding the same protested draft in his possession ; on 
which there must have been due, at his death, at least 
twenty thousand dollars. Since his death the government 
of Virginia has acknowledged the justice of the claim, by 
a solemn act of the Legislature, and has fm*nished evi- 
dence to prove that it is one of the liabilities, assumed by 
the General Government, in consideration of the act of ces- 
sion — but there it rests, no part of the debt having been 
paid. 

The persons whose property was taken by force, com- 
menced suits, and obtained judgments against the General, 



NORTH-WESTERN TERRITORY. 81 

in the courts of the Territory, on which portions of his pro- 
perty were attached and sold. 

After the close of the war, the Legislature of Virginia 
made an appropriation of one hundred and fifty thousand 
acres of land, lying on the Ohio river, opposite to Louis- 
ville, for the use of the officers and soldiers of that regi- 
ment — which, at that day was of but little value, and was 
disposed of at nominal prices. The tract was known by 
the name of " Clark's Grant," and was the only remunera- 
tion received by that gallant corps, for their services and 
sufferings in conquering and securing the entire North-wes- 
tern Territory. 

Thus it appears that one of the most distinguished offi- 
cers of the Revolution, who had performed services of 
incalculable importance, Avas not only treated with cold 
neglect, but was subjected to the payment of debts and 
claims, incurred for the support of his troops, to a very 
large amount. 

The cru«l ingratitude to which this distinguished soldier 
was doomed — for wliich no justifiable cause can be as- 
signed — and the comparative povertj', which made him al- 
most a pensioner on the bounty of his relatives, was more 
than he could bear. It drove him to intemperance. He 
sought the inebriating bowl, as if it contained the water of 
Lethe, and could obliterate from his memory the "\\Tongs he 
had endured. 

When called on by the gentlemen mentioned above, who 
were induced to make their visit b}' the veneration they en- 
tertained for his military talents and services, his health 
was much impaired ; but his majestic person, strong fea- 
tures, and dignified deportment, gave evidence of an intel- 
ligent, resolute mind. He had the appearance of a man 
born to command, and fitted by nature for his destiny. 
There was a gravity and solemnity' in his demeanor, resem- 
bling that which so eminently distinguished " the venerated 
father of liis country." 



82 BURNET'S NOTES. 

A person familiar with the lives and character of the mil- 
itary veterans of Rome, in the days of her greatest power, 
might readily have selected this remarkable man, as a speci- 
men of the model he had formed of them, in his own mind; 
but he was rapidly falling a victim to his extreme sensi- 
bility, and to the ingratitude of his native state, under 
whose banner he had fought bravely and with great suc- 
cess. 

The time will certainly come when the enlightened and 
magnanimous citizens of Louisville, will remember the 
debt of gratitude they owe the memory of that distin- 
guished man. He was the leader of the pioneers who 
made the first lodgment on the site now covered by their 
rich and splendid city. He was its protector during the 
years of its infancy, and in the period of its greatest dan- 
ger. Yet the traveler who has read of his achievements — 
admired his character — and visited the theatre of his bril- 
liant deeds, discovers nothing indicating the place where 
his remains are deposited, and where he can go and pay 
a tribute of respect to the memory of the departed and 
gallant hero. 



CHAPTER IV. 

Indian depredations and murders. — Alarm in the Frontier Settlements. — 
Letter of Judge Innes to the President. — Other letters of a similar character. 
— Strong hold of the Indians on the Ohio, near the Scioto river. — Inatten- 
tion of the Government complained of. — Expedition of Gen. Scott. — In- 
dian depredations continued. — Communication from Gov. St. Clair to the 
commandant at Detroit. — Unsuccessful embassy of M. Gameline, to the In- 
dians. — Increase of the military force. — Arrival of troops at Fort Washing- 
ton. — Inefficient character of the Militia. — Harmar's campaign. — Its suc- 
cess. — And subsequent disasters, denominated a defeat. — Acquitted by Report 
of Board of Inquiry. — Murder of Hardin and Trueman. — Observations on 
the Campaign. — List of officers killed. 

In March, 1790, General Harmar informed the Secretary 
of War, that the Indians continued to murder and plunder 
the inhabitants, and to intercept almost every boat that 
attempted to pass up or down the Ohio river. About the 
beginning of that month, they broke up Kenton's station , a 
few miles from Limestone^where they killed ten or twelve 
individuals. During the same month, three boats descend- 
ing the river in company, saw a boat lying at the Indian 
shore, a short distance above the Scioto river, containing a 
large party of Indians. The descending boats were, fortu- 
nately, near the Virginia shore when the enemy were dis- 
covered. On coming opposite to them, a white man, 
standing at the edge of the water, called, and begged them 
to surrender, affirming, as the fact was, that the Indians 
were fifty or sixty in number, and that if resistance should 
be made, the whole party would be murdered. 

The proposition was rejected, of course, on which the 
Indians commenced a heavy fire, which was continued 
for some time, without effect, but which gave the de- 



84 



BURNET'S NOETS ON THE 



scending boats time to pass them. The savages, failing 
to bring them to, commenced a pursuit ; and the Ameri- 
cans, finding they could not save all their boats, selected 
the strongest, and abandoned the others, which contained 
a number of horses, and much valuable property. Holes 
were cut in the sides of the boat they selected, to enable 
them to increase the number of rowers. The Indians pur- 
sued with great effort, some six or eight miles, when they 
gave up the chase, and the Americans arrived at Limestone* 
without further molestation. They lost twenty- eight hor- 
ses, and merchandise valued at £1500, which were left in 
the abandoned boats. 

Buckner Thruston, then a member of the Virginia legis- 
lature, was one of the party, and reported the facts to 
General Harmar. The party consisted of twenty-eight 
men, a family of females, and some negro women and 
children. The Indians numbered about sixty, and it was 
afterwards ascertained that the boat in their possession had 
been captured by them a day or two before— that it be- 
longed to John May, who, Avith four others, were made 
prisoners — not one of whom escaped, to tell their fate. It 
is presumable, however, that the person who hailed the 
boats of Mr. Thruston, was one^of the unfortunate captives. 

It appears from a note via-itten by Governor St. Clair, 
that in January 1790, the Indians killed tliree men within 
twelve miles of Danville, and three others at Carpenter's 
Station, and that they broke up the settlement at Russel's 
creek, about forty miles from that place. 

About the same time, a party who had been out on a 
hunt, about six miles below Limestone, were fired on by 
the Indians, and one of them killed. It so happened, that 
Major Doughty was then passing down the river, with a 
detachment of troops, destined for Cincinnati, who, on hear- 
ing the firing, landed, and pursued the enemy some distance, 
but without success. Judge Innes, writing from Danville, 
on the thirteenth of March, 1790, reported, that in the 



NORTH-WESTERN TERRITORY. 85 

month of January, a boat having ten or twelve persons on 
board, one of them a woman, was captured about fifteen 
miles above Limestone, and that the boat was afterwards 
found, containing nine dead bodies, the woman being miss- 
ing. During that murderous tragedy, a boy, Avho had been 
taken prisoner up Licking, when on a hunting excursion 
vdth two men, who were killed, made his escape, and came 
in with the information. 

About the same time, three men were killed on the road 
from Richland to Sinking creek. Old Mr. Sloan and his 
son, were killed on the head of Rolling fork, and one man 
was killed on Holin creek. A station on Russel's creek 
was attacked, on the twenty -fifth of the same month, when 
Isaac Farris and his son, and John Painter, with another 
person, whose name was not mentioned, were killed. On 
the same occasion, a white woman and a negro woman 
were wounded, and a number of horses carried off". Soon 
after, a man by the name of Harper, was killed on Slate 
creek. In addition to these murders, only two others were 
reported on the Rolling fork, during that month, — one was 
of a man, the other of a woman; — ^but the information 
received from various quarters, indicated very hostile move- 
ments in the approaching spring, 

A letter addressed to the Hon. John Brown, dated April 
4th, 1790, stated that the Indians had made great havoc on 
the Ohio ; that about fifty of them were encamped near the 
mouth of the Scioto; and that among other depredations, they 
had captured a periogue, having six men on board, who 
were ascending the river from Limestone, whom they put 
to death. They had also captured the boat of John May, 
who was on board, with a crew of three or four men, all of 
whom were put to death. About the same time, two other 
boats were taken, — one of them belonging to emigrating 
families, — the other being the property of Thomas Marshall, 
and others. The fate of the unfortunate captives in those 



86 BURNET'S NOTES ON THE 

two boats, was not mentioned, but may be readily con- 
jectm-ed. 

On another occasion, the Indians concealed themselves, 
and sent a white prisoner to the edge of the water to hail 
a descending boat, and entreat those on board to come to, 
and take him in, affirming that he had made his escape 
from the savages, and was in danger of perishing. The 
stratagem was suspected, and of course did not succeed. 
At the same time information was received of the taking 
of a boat on Salt river, and of the murder of the crew, 
consisting of John Prior and two others, whose names 
"were not given. 

In May following, ensign Hartshorne, of the United 
States' army, descended the river with several boats, and 
landed in the evening about nine miles above Limestone. 
At midnight they were attacked with great fury, and one 
of the boats taken. The night being very dark, and the 
commandant's boat being hard pressed, he ordered them 
all to put off, and make the best of their way to Limestone, 
assuring them that the force of his boat would keep the 
enemy in check. The order was obeyed, and at three 
o'clock in the morning they reached Limestone. In the 
afternoon, a party went up to the place where the attack 
had been made. The savages had gone, but they found 
one man, one woman, and three children killed and 
scalped, whose remains they conveyed to Limestone. The 
entire loss during the attack, was reported to be thirteen 
killed and missing. 

During the same season, a small party of Indians con- 
cealed near a path, leading from Cincinnati to Columbia, 
discovered a canoe passing up, near the Indian shore, con- 
taining two men, a boy and a woman. They attacked the 
canoe, killed the adults, and took the boy prisoner. He 
was the only son of Colonel Spencer, of Columbia, who 
had been a brave, gallant officer in the Revolutionary 



NORTH-WESTERN TERRITORY. 87 

army. The lad was taken to a town on the head waters 
of the Big Miami, and adopted into an Indian family, in 
which he lived two or three years. President Washing- 
ton, who entertained a great regard for Colonel Spencer, 
through the instrumentality of the British minister, and the 
commandant at Detroit, procured the ransom of the lad, 
and restored him to his parents. 

It was stated in a letter from Judge Innes, that on the 
13th of May, 1790, the Indians killed two white men, two 
girls, and two negroes, in Jefferson county, and at the same 
time scalped one woman, and made prisoner of another. 

The Lieutenant of the same county reported the wound- 
ing of a man near Kite's plantation, and spoke of it as the 
last of many depredations committed in that county. On 
the 28th of May, certificates were sent to Judge Innes, 
from several persons, stating, that the Indians had made 
prisoners of two young men, and a negro woman, on Bra- 
shear's creek ; that they had killed two young men found at 
work in a field on Tick creek; that they had captm'ed two 
boys belonging to Loudon's Station, on the head of Dren- 
non's creek ; that a party of Indians, on the 23d of May, had 
fired on a company of people on Clear creek, as they were 
returning from meeting, on which occasion they killed one 
man, and took a young woman prisoner, whom they carried 
about ten miles, and then tomahawked and scalped her; 
and that a party was sent out in pursuit, which recovered 
the mangled bodies and brought them into the settlement. 

On the 12th of the same month, John Caldwell, of Nelson 
county, reported to Judge Innes, that on the preceding 
Thursday, ten or eleven Indians attacked the house of 
Miles Hart, on Valley creek; that they mui'dered him — 
captured his wife and two children, who constituted the 
whole of his family, and carried them off", with such of his 
property as they could conveniently take with them. 

Christopher Greenock, on the 24th of May, certified that 
the Indians had stolen four horses from Mr. Meaux, who 



88 BURNET'S NOTES ON THE 

lived very far in the interior. On the 4th of June, it was 
certified to Judge Innes, that the Indians came to the 
Rolhng fork, and stole sixteen horses ; that they were pur- 
sued by Captain Wilson, at the head of a small party, who 
came up with them, but the Captain being killed, the party 
was overpowered and obliged to retreat. 

On the 13th of May, Robert Johnson sent depositions to 

Judge Innes, stating the murder of Mr. McBride and Mr. 

t)**»*^ McConnell, in April preceding; also, that a son of Mr. 

;;;^«,'»v»'V*-t'^anner, residing on the Ohio river, near the Big Miami, 

<^ y Ead^een taken prisoner; and that in the fall preceding, 

''**~'"'y two men were killed — one of them a Mr. Brown, whose 

* ^'^Y* wife and children were then living in Lexington. It was 

stated by one of the deponents that he was with the party 

which brought in the body. 

The same depositions recited the particulars of an incur- 
sion by another party of Indians in the preceding winter, 
who, among other depredations, stole a large number of 
horses. On the 12th of the same month, John Garnet, in a 
deposition taken before R. Johnston, a magistrate, in Wood- 
ford county, stated that he was at Tanner's Station, on the 
Ohio, about five miles below the mouth of the Big Miami, 
in the latter part of April, or beginning of May, when five 
Indians placed themselves in ambush, between the cabin of 
Mr. Tanner and his field, and captured his son, a lad about 
nine years old, with whom they crossed the Ohio. 

On the same day, the deposition of S. Stephenson was 
taken, before the same magistrate, stating, that in April, 
1790, he was one of the party who went out and brought in 
the bodies of James McBride and Mr. McConnell, killed on 
the path from Elkhorn to Licking ; that they had both been 
scalped. One of them was very much cut with a toma- 
hawk, and the other was shot through the hips. 

The depositions of Rankin and Hays, taken in Bourbon 
county, state that on the 12th of May, Lewis Parker was 
murdered while engaged at his work ; that he was found 



t 



NORTH-WESTERN TERRITORY. 89 

about an hour after he had been killed, and that he had 
received many wounds from bullets, tomahawks, and knives, 
and that he had been scalped. 

Benjamin Harrison certifies that Parker was killed at the 
house of Michael Hogg, near his own residence, and that 
he followed the trail of the party, who committed the mur- 
der, nearly ten miles, in the direction of Big Bone Lick. 
He also certified that the Indians had recently stolen two 
horses from Mr. Coleman. 

On the 12th day of May, the Lieutenant of Bourbon 
county informed Judge Innes, that since his last letter, a 
man had been killed by a party of Indians in his corn-field, 
on the preceding Thursday; and also, that a boat had been 
taken above Limestone, containing five or six persons, who 
were left murdered on the shore; and he expressed it as 
his opinion, that no greater proof need be required, of the 
intention of the savages to destroy the American settle- 
ments. 

The Lieutenant of Mason county reported, on the 16th 
of May, that on the night of the 11th, a party of Indians 
made an attack on four boats above Limestone ; that three of 
the number escaped, but that the fourth, containing sixteen 
souls, was taken; five of whom were killed and mangled 
in a horrible manner; three made their escape, leaving the 
remaining eight in the hands of the Indians. In the same 
report, it was stated, that the trail of a party of Indians, 
supposed to be about fifteen, was discovered on the 15th of 
the same month, which crossed the river near the lower set- 
tlements of Mason county, in a direction towards the Blue 
Licks. It was also stated by the Lieutenant, that these and 
similar depredations had greatly excited the people, and that 
the surveyors and hunters had all retired from the woods. 

On the 14th of the same month, a party of white men 
was attacked and defeated below Ingles' Station, six of 
whom were missing and supposed to have been killed. 
Their horses and other property fell into the enemy's hands. 



90 BUIINET'S NOTES ON THE 

In addition to these depredations, committed in tlie fatal 
month of May, 1790, an attack was made on a party of 
white men, in JMadison county, forty miles beyond the set- 
tlements; in which the Indians killed fom*, and wounded 
two men, and captured ten or twelve horses, with other 
valuable property. 

On the evening of the 18th of April, in Nelson county, 
the Indians fell on a party of men, women, and children, 
returning from a religious meeting on Rough creek ; they 
killed a girl of twelve, and a boy of eight years of age, 
and wounded an elderly Moman severely in the head, back, 
and arms, and having taken her scalp, left her alive on the 
ground; they also captured a daughter of J. Barnet, 
eleven years old, and carried her into captivity. A party 
soon collected and Avent in pursuit of the savages, but 
night coming on, they were not able to overtake them. 

Those frequent, predatory movements of the savages, 
following in such rapid succession, produced universal 
alai'm throughout the countiy; and the settlers began to 
think tliey would be compelled to abandon it. They had 
given up all the conveniencies and comforts of civilized 
life, to which they had been accustomed; which, in their 
opinion, was an ample consideration for any and every 
advantage, anticipated from their change of location. 
But when, in addition to this, life was in perpetual danger, 
there could be no motive inducing them to continue in 
such a state of imminent exposure. 

Men of influence and reflection, in every part of the fron- 
tier country, saw and felt, that vigorous and immediate 
measures were necessary, to save the American settlements 
from being deserted by their inhabitants, or broken up and 
laid waste by the savages. 

The tardy movements of the general government. Mere 
criticised with great severity; and men of influence on the 
frontier, were deliberating on the expediency of taking their 
protection into their own hands, and conducting expeditions 



NORTH-WESTERN TERRITORY. 91 

into the Indian country, on their own responsibility. So 
strong and general wa.s this feeling, that intelligent men at 
the different settlements and stations, simultaneously, and 
without concert, addressed General Harmar, as the com- 
mander of the United States' troops ; representing, in strong 
terms, the murder of men, women, and children, daily per- 
petrated by the Indians, and the impossibility of sustaining 
the settlements much longer, unless more efficient measures 
were resorted to by Congi'ess. Among those who wrote to 
the General on that subject, were, Levi Todd, of Fayette ; 
Robert Patterson, of Lexington; and Judge Innes, of Dan- 
ville. In these communications, the difficulties and dis- 
tresses of the people were depicted, and measures sug- 
gested to relieve them. 

Letters were also wTitten to the Secretary of War, reca- 
pitulating the complaints and distresses of the people. In 
July, 1790, Judge Innes wrote thus to the War Department: 
" I have been intimately acquainted with this district from 
1783, and I can with truth say, that in that period, the 
Indians have always been the aggressors — that any incur- 
sions made into their country, have been produced by 
reiterated injuries, committed by them — that the predatory 
mode of warfare they have carried on, renders it difficult, 
and indeed impossible to discriminate; or to ascertain to 
what tribe the offenders belong — that since his first visit 
to the district, in November, 1783, he could venture to say, 
that more than fifteen hundred persons had been killed 
and taken prisoners by the Indians — that upwards of 
twenty thousand horses had been taken and earned off, 
with other property, consisting of money, merchandise, 
household goods, wearing apparel, etc., of great value — 
that the government had been repeatedly informed of those 
injuries, and that they continued to be perpetrated daily, 
notwithstanding which, the people had received no satis- 
factory information, whether the government intended to 
afford them relief, or not. 



93 BURNET'S NOTES ON THE 

He remarked, that the consequences to the district were 
serious, and might be fatal — that the population on the 
frontier, was actually decreasing, by the murders and dep- 
redations constantly committed by the Indians — that those 
occurrences not only reduced the number and strength of 
the settlers, but deterred others from joining them, who 
had been making arrangements to do so — that as a con- 
sequence, their sti*ength was lessened, their wealth dimin- 
ished, and the value of their lands decreased. He enquired 
what the result would be ; and answered the question by 
assuring the Department, that volunteer expeditions would 
be carried into the Indian country, as well for the purpose 
of revenge, as for protection and self-preservation; and 
that it Avould not be in the power of the Government to 
restrain or regulate them; and, as a consequence, the vol- 
unteers engaged, would not discriminate between the hos- 
tile Indians, and those with whom the United States had 
treaties, but would treat all as enemies, who might come 
in their way ; and that the friendly Indians would lose all 
confidence in the Government — that such a result would 
not only prevent the accomplishment of the views of 
Congress, but would undo all that had been previously 
done. 

He then added, "I will, sir, be candid on this subject, not 
only as an inhabitant of Kentucky, but as a friend to so- 
ciety, who wishes to see order and regularity preserved in 
the Government under which he lives. The people say 
they have long groaned under their misfortunes — they see 
no prospect of relief — they constitute the strength and the 
wealth of the western country, and yet all measures here- 
tofore attempted, have been committed for execution, to 
the hands of strangers, who have no interest in common 
with the West. They are the great sufferers, and yet have 
no voice in the matters which so vitally affect them. They 
are accused as being the aggressors, and have no represen- 
tative to state, or to justify theh* conduct. 



NORTH-WESTERN TERRITORY. 93 

" These are the general sentiments of the western people, 
who are beginning to want faith in the Government, and 
appear determined to avenge themselves. For this pur- 
pose a meeting was lately held in this place, by a number 
of respectable characters, to determine on the propriety of 
carrying on their expeditions this fall. For the purpose of 
obtaining a more general representation of the inhabitants 
of the district, the business was postponed, till the meeting 
which is to be held about the 26th instant ; at which time 
there will be a very general collection of the people of the 
district; and unless some satisfactory information is re- 
ceived before that time, I fully expect one or more expedi- 
tions will be determined on. Impressed with the idea, that 
the foregoing observations will not be unacceptable to you, 
as an officer of the Government, through whose department 
they may be communicated to the President, I shall make 
no apology for the length of my letter." 

In a note dated on the 8th of the same month, the Judge 
says, that he had that day received a communication from 
General St. Clair, dated the 5th instant, at the rapids of the 
Ohio, in which he informs him, that the expectations of 
peace, so much to be desired, could not be realized with the 
Indians on the Wabash; and that in consequence, he had 
come to the Falls sooner than he should otherwise have 
done, to prepare to operate against them; and that he had 
requested the field officers of the district to be prepared 
whenever he should call for the proportions of militia they 
were severally to furnish, in consequence of orders received 
from the President. 
Letters of a character similar to that of Judge Innes,* 

* It will appear from the sequel, that the object of those letters had been 
anticipated by the President, and that orders had reached General St. Clair to 
that effect, about the same time they were written, in consequence of which, 
two expeditions, one under General Scott, and another under Colonel Wilkin- 
son, were ordered, organized, and marched in succession, into the Indian set- 
tlements on the Wabash, with very brilliant success. 



94 BURNET'S NOTES ON THE 

were addressed to the Department from other quarters, set- 
ting forth the depredations daily committed on the lives 
and property of the people of the West, and of emigrants 
on their way thither. 

The pioneers who descended the Ohio, on their way 
westward, will remember while they live, the lofty rock 
standing a short distance above the mouth of the Scioto, on 
the Virginia shore, which was occupied for years by the 
savages, as a favorite watch-tower, from which boats, as- 
cending and descending, could be discovered at a great 
distance. From that memorable spot, hundreds of human 
beings, men, women and children, while unconscious of 
immediate danger, have been seen in the distance and 
marked for destruction. The murders and depredations 
committed in that vicinity at all periods of the war, were 
so shocking as to attract universal notice ; letters were writ- 
ten to General Harmar, from various quarters, calling his 
attention to the subject, and praying that measures might 
be taken, without delay, to check the evil. They informed 
him that scarcely a boat passed the rock without being at- 
tacked, and in most instances captured; and that unless 
something were done without delay, the navigation of the 
river would necessarily be abandoned. 

Some of those letters complained of the negligence of 
the government, and their inattention to the interest and 
safety of the West: some of them stated explicitly, that 
the distress of the inhabitants of the country was so great, 
and the want of confidence in the disposition of govern- 
ment to protect them so general, that the people were on 
the eve of resorting to measures for their safety, both offen- 
sive and defensive, regardless of the plans and policy of 
Congress; but that the more considerate portion of the 
settlers were unwilling to proceed in any other than a 
legally authorized way ; and that they therefore called upon 
him for advice and assistance, and requested him to co- 
operate vdth them in an immediate expedition from Lime- 



NORTH-WESTERN TERRITORY. 95 

stone, against the savages near the mouth of the Scioto. 
At the same time the general was advised, by letters from 
Fayette, that a party w3ls forming in the counties north of 
the Kentucky river, for the same purpose ; that they would 
rendezvous at Lexington on the next Thursday, and at 
Limestone on the following Saturday, and expressing a 
confident belief that they should receive countenance and 
aid from the officers of the general government. 

They reminded him that the leaders of the pioneers, in 
common with himself, had endured the privations and sac- 
rifices of the Revolutionary struggle, and that they were 
entitled to protection in the enjoyment of the rights for 
which they had periled their lives, and exhausted their 
property. They were not willing to believe that they would 
be left to their fate, and suffered to perish in the wilderness. 
On the contrary, they indulged a hope that they would be 
assisted by Governor St. Clair, and General Harmar, in 
carrying into successful execution the project in which they 
were then engaged ; — which was to destroy the Indians at 
the mouth of the Scioto, and increase the safety of persons 
emigrating to the West. 

A communication of a similar character was received 
from Colonel Patterson, of Lexington, in which he assured 
General Harmar that the persons with whom he was acting 
had no desire to infringe on the rights of the Federal 
Government, but to act with them, and under their direction. 
He also assured him, in confirmation of letters previously 
received, that on Saturday, the 17th instant, five hundred 
men at least, would be at Limestone, furnished with twelve 
days provision, ready to co-operate with the troops of the 
United States, in an effort to harass the Indians, and par- 
ticularly to rout and destroy those who were stationed on 
the Ohio river near the mouth of the Scioto. 

In consequence of the information contained in those 
communications, the General resolved to make an imme- 
diate effort to accomplish the object so warmly recom- 



96 BURNET'S NOTES ON THE 



1 



mended, of routing and destroying the Indians particularly 
referred to. The plan he adopted was to take a circuitous 
route, and strike the Scioto pretty high up, and from thence 
to march to its mouth, hoping to intercept some of their 
parties on the route. Ilis plan being formed, the command 
of the enterprise was committed to General Scott, who took 
up his line of mai'ch on the ISth of April, and proceeded 
about twelve miles. In the course of the day fom* moccasin 
tracks were discovered, which induced the General to 
detach a small party of mounted men, who fell in with the 
savages, killed them, and brought in their scalps. No 
official report of this movement seems to have been made 
to tlie War Department, from which full information might 
be obtained. It appears, however, that the chief object of 
it must have failed ; as General Ilarmar afterwards ex- 
pressed liis regret that it had been unsuccessful, alledging 
that every exertion in his power had been made, to accom- 
plish the object. 

In September, Governor St. Clair advised the War 
Department, that the depredations on the Ohio and the 
Wabash continued ; — that almost every day brought an ac- 
count of some murder or robbery; that a number of horses 
had been taken from the vicinity of Marietta; that shortly 
before, a boat belonging to Colonel Vigo, of Post Yincennes, 
a gentleman to whom the United States were under great 
obligations, was fired upon near the mouth of Blue river, 
and three of liis men killed; and that afterwards, in at- 
tempting to ascend the Wabash, his boat was again at- 
tacked, captured and plundered; and that about the same 
time Captain McCurdy, of the regular troops, was fired on 
while ascending the Ohio river. 

Although these depredations were countenanced, and 
probably instigated by British agents, yet the American gov- 
ernment spared no pains to convince the British comman- 
dant at Detroit, that the United States, in their military pre- 
parations in the West, meditated nothing of a hostile char- 



NORTH-WESTERN TERRITORY. 97 

acter against them. Actuated by that spirit, Governor St. 
Clair, by order of the President, in September, 1790, ad- 
dressed the commanding officer at that post, stating, that 
probably an account of the military preparations going on 
in the West might reach him, and give some uneasiness, 
unless the object to which they were to be directed was 
perfectly known ; and that to prevent any such difficulty, he 
was commanded by the President of the United States to 
give him the fullest assurances of the pacific disposition, 
entertained towards Great Britain and all her dependencies, 
and to inform him, explicitly, that the expedition about to 
be undertaken, was not intended against the post he had 
the honor of commanding, nor any other place then in the 
possession of the troops of his Britannic Majesty ; but was 
on foot for the sole design of chastising and humbling some 
of the savage tribes, whose depredations on the American 
people, and on humanity itself, had become intolerable. 
Having made that candid explanation, he proceeded to say, 
that there was every reason to expect, as well from his own 
personal character, as from the regard he had for the 
character of his King and nation, that those tribes would 
meet with neither countenance nor assistance from him, or 
from any under his command, and that he would do all 
within his power to restrain and check the trading people 
under his influence, by whose instigation, many of the 
injuries committed by the savages had been perpetrated. 

From the same motive, and to give full eifect to the 
pacific policy of the government. Major Hamtramck dis- 
patched a Frenchman by the name of Gameline, from fort 
Knox, on the 5th of April, with instructions to proceed to 
the Indian towns, with speeches from Governor St. Clair, 
inviting them to enter into a treaty of peace with the United 
States, and especially to confirm the treaty made at Mari- 
etta, in 1789^ In pm'suance of his instructions, M. Gameline 
visited the principal towns on the waters of the Wabash 
and Maumee, frequently called the Miami of the Lakes, 
7 



gg BURNET'S NOTES ON THE 

where he met the Piankeshaws, Miamies, Shawanees, 
/ Kickapoos, Ottawas, and Delawares. They all received 
him Mdth kindness, but refused to take the wampum sent 
by the Governor, alledging that they could not give him a 
final answer, till they heard from their father at Detroit. 
Some of the chiefs told him " they were receiving speeches 
from the Americans from all quarters, but no two of them 
were alike;" and that they supposed the pale men intended 
to deceive them. They complained of the treaty of Mari- 
etta—denied that it was made by their chiefs, alledging it 
to have been signed by their young men, who had no 

power to act. 

Blue Jacket, chief of the Shawanees, invited him to 
supper at his cabin, and told him, in the presence of the 
other chiefs, that after further deliberation they had con- 
cluded, that it was better for him (Gameline) to go to De- 
troit and see the commandant, who would call all his chil- 
dren together to hear the speech. 

On the 29th of April, M. Gameline succeeded in getting 
all the chiefs who were present, assembled in council, when 
he told them he could not go to Detroit ; that the speeches 
were directed to the nations of the Wabash and the Mau- 
mee ; and that to prove the sincerity of the speech, and the 
heart of Governor St. Clair, he had given them a copy, to 
be shown to the commandant at Detroit. He told them he 
had nothing to say to the commandant, nor the commandant 
to him : that if they intended to take him to Detroit, they 
must determine to do so immediately; otherwise he must go 
back as soon as possible." 

Blue Jacket then rose and said,—" My friend, we are all 
well pleased with what you say. Our intention is not to 
force you to go to Detroit. It is only a proposal, thinking it 
for the best. Our answer is the same as the Miamies. In 
thirty nights we shall send a full and positive answer to 
Post Vincennes, by a young man from each nation." 

In the evening, Blue Jacket told him, in a private manner, 



NORTH-WESTERN TERRITORY. 99 

that his nation was in doubt of the sincerity of the " big 
knives," having been already deceived by them. He said 
"they had first taken their lands, then put out their fire, and 
sent away their young men to hunt, without a mouthful of 
meat; and that they had also taken away their women." 
"Many of us," said he, "cannot forget those injuries, or think 
of them without great pain." He further said " that some 
of the tribes were afraid these offers of peace were decep- 
tive—that they might take away all their lands, and serve 
them at last, as they had done before." He alledged " that 
the new settlements on the Ohio, proved that the whites 
intended to encroach on them; and that if they did not keep 
the north side of the river clear, there could be no proper 
reconciliation with the Shawanees, or with the Iroquois, 
Wyandots, and perhaps many other tribes." 

LeGris, a Miami Chief, asked M. Gameline what chiefs 
had made the treaty at Muskingum. He had heard of it 
some time ago, but was told they were not chiefs, nor dele- 
gates, but young men, without authority or instruction from 
the chiefs— that they went to the treaty clandestinely, and 
that that would be brought up in their next council. Spe- 
cial conversations were had with other chiefs, but without 
obtaining any definite answer. Finding that no favorable 
impression could be made on their minds, M. Gameline 
returned and reported accordingly. 

All hopes of concluding a peace having failed, Congress 
resolved to increase the military force, and to destroy at 
once, the Miami villages situate at and near the junction of 
the rivers St. Mary and St. Joseph, where they received the 
name of the Maumee river. For that purpose, the Gover- 
nor of the Territory was authorised to call on Pennsylvania 
for five hundred, and on Kentucky for one thousand militia, 
to join General Harmar's regiment, containing, at the time, 
four hundred effective men. On the 15th of July, 1790, the 
Governor issued a circular to the county Lieutenants in the 
District of Kentucky, stating in substance, that it was the 



100 BURNET'S NOTES ON THE 

interest and the wish of the United States, to be at peace 
with the Indian tribes, if they could be so on reasonable 
terms, and that notice of that disposition had been commu- 
nicated to them all, inconformity with the direction of the 
President of the United States, but without any beneficial 
results. That there was no prospect of peace with the 
tribes on the Wabash, who continued hostile to the United 
States, and especially to Virginia. That from information 
recently received, many parties had already gone out 
against the American settlements, and that he was in- 
structed by the President to take measures for their se- 
curity. 

He further advised them, that the commanding officer o 
the troops, and himself, had concerted a plan of offensive 
operations, and that in conformity with instructions from 
the Department, a copy of it was then inclosed. He also 
called on them in the name of the President, for the number 
of men allotted to their counties respectively, to be officered 
according to the militia laws of their District, to act in con- 
junction with the Federal troops, and to rendezvous at the 
times and places specified in the order. The detachment 
from Pennsylvania, consisting of five hundred rank and file, 
were ordered to assemble on the 3rd of September, at Mc- 
Maken's creek, four miles below Wheeling. 

On the 7th of August, the Governor addressed a letter to 
the senior officer of the Pennsylvania militia, at McMaken's 
creek, directing him, as soon as the men from the different 
counties had arrived, to proceed without loss of time to fort 
Harmar, at the mouth of the Muskingum, and there join 
the Federal troops under the command of Major Doughty. 

He expressed a strong desire, that the whole quota of 
that state might assemble at the time and place appointed. 
He directed them not to remain a moment longer than was 
necessary, and at all events, to be in motion from thence, 
on or before the 10th of September, as a longer delay might 
create embarrassment, if not render the expedition alto- 



NORTH-WESTERN TERRITORY. 101 

gether abortive. It was enjoined on him not to delay, even 
till the tenth, if the different detachments of his command 
sooner arrived ; and if they were not all present when he 
set out for Marietta, to leave directions for those who might 
afterwards arrive, to follow, with all possible expedition, to 
Fort Washington, without halting at Muskingum. 

It was also enjoined on him, to take the necessary mea- 
sm*es for the security of his camp, at the rendezvous, and 
on the way down the river. He was told that a surprise 
was ever to be guarded against, and that he should, there- 
fore, never encamp, without establishing proper guards 
and patrols, nor even venture on shore, for ever so short a 
time, without the same precaution. It was also impressed 
on his mind, that as there might be some friendly Indians 
in the neighborhood of McMaken's creek, who had a right 
to hunt in that country, it was of great consequence that no 
injury should be done to any of them. 

He was therefore charged to impress on the minds of the 
men under his command, the necessity of treating those In- 
dians with kindness, should any of them be met with. He 
was also informed, that the friendly Indians referred to, 
were the Wyandots and the Delawares, with whom the 
United States had treaties. 

It appears from a report made on the 23d of September, 
that every thing connected with the army was in a better 
state of preparation than had been anticipated, owing to 
the prudent care and attention of General Harmar, and the 
indefatigable application of Captain Ferguson. The mili- 
tia, from Kentucky, with the exception of one hundred and 
fifty men, arrived at Fort Washington, on the day appoint- 
ed, and those who were tardy came in subsequently, and 
marched to join the army. Major Wyllys, with the troops 
from the Falls, came up on the 22d — Major Doughty, with 
part of the garrison of Fort Harmar, arrived on the 25th — 
and Lieutenant Frothingham followed him, with the re- 
mainder of that garrison. The troops from Pennsylvania 



102 BURNET'S NOTES ON THE 

were dilatory — they joined the army, however, soon after 
it had marched from Fort Washington. 

The gratification produced by the punctual arrival of the 
troops, who composed the army of General Ilarmar, was 
very much abated, by ascertaining the wretched condition 
in which they were. Many of them were substitutes, hired 
for trifling considerations, by those who had been drafted. 
Some of them were too old and infirm to bear the fatigues 
of an active campaign ; and the men were generally awk- 
ward, and undisciplined. It was the concurrent opinion 
of the officers of the army, that these detachments of militia 
were the most inactive and inefficient, that had ever been 
seen on the western frontiers. 

In addition to this, a large portion of their arms was 
unfit for use. Some of their muskets and rifles were with- 
out locks. There was also a state of insubordination 
among the men ; and a disregard of military rule, which 
augured any thing, rather than success. In these facts 
might have been read the secret of the severe loss of the 
army, which alone gave to the expedition the repulsive 
name of " Harmar's defeat." 

The season being far advanced when the militia arrived, 
and the point of attack lying at a great distance, through 
a wilderness country. General Harmar was compelled to 
commence his march, without delaying a day, to instruct 
or train his undisciplined troops. About the 1st of Octo- 
ber, 1790, he marched from Fort Washington, by the route 
reported by his guides, as being the shortest and the best. 
He proceeded first to the Indian town on the Little Miami, 
then called Old Chillicothe, now Old Town, three miles 
above Xenia; and from thence to Loramie's crossing of the 
Miami. When he arrived at that place, which, he under- 
stood from his guides, was about forty miles from the place 
of his destination, he received advice that the inhabitants 
of the villages were unapprised of his approach — that 
they had not been joined by any of the neighboring 



NORTH-WESTERN TERRITORY. 103 

tribes — that they were not in force, and were quarreling 
among themselves. 

This information was derived from a prisoner, taken on 
the 13th of October, and it determined the General to 
detach Colonel Hardin with six hundred men, including 
fifty of the regular troops, commanded by Major Zeigler, 
with orders to make a forced march on the villages. In 
obedience to that order, the detachment was organized and 
in motion, early the next day. The army with the baggage, 
etc., followed as fast as circumstances would permit. 

When the advance under Hardin reached the villages, 
they found them deserted. As soon as the General ar- 
rived with the residue of the army, he ordered the towns 
to be burnt — the fruit trees, of which there was a large 
number, to be girdled, and every description of property, 
including at least twenty thousand bushels of corn, to be 
destroyed. That order having been literally obeyed, the 
great object of the enterprise was accomplished; which 
was to cripple the enemy by destroying the ample means 
they had provided, during the summer, to sustain them- 
selves in the field, and carry on an active campaign during 
the ensuing winter, without interruption. 

Not content with the complete accomplishment of the 
great purpose of the campaign, the General was ambitious 
of gaining further laurels; and, forgetful of the inefiiciency 
of the greater portion of his men, he sent out three detach- 
ments in succession, in pursuit of the enemy ; which might 
have been prudent, if his troops had been veterans, or even 
moderately disciplined. The first of these movements 
consisted of three hundred men, commanded by Colonel 
Trotter, who returned on the same day, having killed two 
Indians. Some intimations having been made, that this 
adventure indicated more of prudence than belonged to its 
true character. Colonel Hardin was sent out immediately, 
with the same detachment, who was attacked by the 
Indians, and defeated with great loss, in consequence of 



104 BURNET'S NOTES ON THE 

the cowardly conduct of the militia, who took to their heels 
on the first fire. 

These movements took place while the army remained 
on the site of the burnt villages. After they had progressed 
one day on their homeward march, Major Wyllys was 
sent back with four hundred chosen men, under an expec- 
tation, that many of the Indians would have returned to 
examine the ruins of their villages, who might be taken by 
surprise and cut to pieces. On this occasion also, the 
militia fled in disorder, and Major Wyllys, a very brave, 
experienced ofiicer, with most of the regular troops under 
his command, were killed. 

The army then proceeded by slow and easy marches to 
Fort Washington. The Indians pursued them, but such 
was the vigilance of the General, that they were unable to 
annoy, or injm'e the troops, during the march. As soon as 
they arrived at Fort Washington, the militia were dis- 
banded, and dismissed, and the General repaired to the 
seat of government, where he resigned the command, and 
obtained a Court of Inquiry. 

In justice to the character of General Harmar, reference 
should be had to the ofiicial report of the Court of Inquiry. 
It will be found in that document, that the officers, and 
others who were examined, unitedly declared, that the 
militia were very badly equipped — that they were destitute 
of camp-kettles and axes — that their arms, generally, were 
very bad, out of repair, and almost useless ; and that mus- 
kets had been brought, without locks, under an expectation 
that they could be repaired in camp. 

It will also be found, that many of the men were unfit for 
service, and scarcely able to bear arms, being old and 
infirm ; that they were not of that class of active woods- 
men, usually found in the frontier counties ; that a great 
number of them were substitutes, unused to fire-arms; that 
some, particularly from Pennsylvania, were so awkward, 
that they could not take ofi" a gun-lock, oil it, and put it on 



NORTH-WESTERN TERRITORY. 105 

again, or put in a flint so as to answer its purpose, with- 
out assistance ; that the pack-horse men were ignorant of 
their duty, inactive, and insolent; that there was a spirit of 
insubordination among the mihtia, which rendered it im- 
possible to inflict punishment, without danger of a revolt. 

It will also be found, that the officers concurred in de- 
claring, that the organization of the army was judicious, 
and that the heavy loss sustained on the expedition, should 
be ascribed to the ignorance, imbecility, insubordination, 
and want of equipment of the militia, and not to any defect 
of capacity, or bravery, in the General commanding, or in 
the officers who served under him. 

Although the termination of the expedition of 1790 has 
been spoken of as a defeat, it is believed, that when the 
facts are correctly and impartially considered, it will be 
found worthy of a more honorable name. The movement 
was got up in haste. The troops, w^ith the exception of 
three hundred and twenty, rank and file, were undisciplined, 
insubordinate, and badly equipped militia. They were 
called together for the purpose of punishing the Indians 
of the Miami villages; and it was distinctly understood, 
that when they had done so, the purpose of the movement 
would be accomplished. It was not expected that the 
troops were to hold possession of the villages, but having 
destroyed them, and the property they contained, they were 
to return to Fort Washington, and be disbanded. 

If that object was fully and literally accomplished, as the 
fact most certainly was, it cannot be said, in truth, that the 
campaign was a failure, or the result of it a defeat. It was 
stated in official reports to the War Department, that the 
towns were taken, and thoroughly destroyed, without the 
loss of a single American soldier. Those places of rendez- 
vous, where British traders resorted, to poison the minds 
of the Indians, and excite them to hostility against the 
Americans, were broken up. The returns also show, that 



106 BURNET'S NOTES ON THE 

three hundred houses and wigwams were burnt, twenty 
thousand bushels of corn, in the ear, collected and destroy- 
ed; and that not a vestige of destructible improvement or 
useful property was spared. 

These being the facts, the Commander-in-chief announced 
in general orders, that the army had completely accom- 
plished the object for which it was ordered, to wit: a total 
destruction of the Miami towns, together with the vast 
amount of property found in them, and in the vicinity ; and 
that they were about to commence their march, and return 
to Fort Washington. At that time, the great object of the 
campaign was literally accomplished, and nothing was 
heard but the notes of commendation. An important vic- 
tory had been achieved, and if the army had then returned, 
they and their commander would have been hailed as vic- 
tors and crowned with glory. 

But subsequent efforts to inflict further injury on the 
enemy, proved disastrous, by the bad conduct of the mili- 
tia, of which neither the cause, nor the consequences ought 
to be charged to the account of the General, whose move- 
ments, it was admitted, were judiciously planned; and, as 
far as the officers and the federal troops were concerned, 
prudently and bravely conducted. 

From the returns of Lieutenant Denny, the adjutant of 
the army, the loss of the enemy was set down at from a 
hundred, to a hundred and twenty, and the loss of the 
American troops at one hundred and eighty. The most 
that can be said, justly, is, that the complete accomplish- 
ment of the important objects of the expedition, was at- 
tended with a greater loss than might have been expected. 

Among the killed were Major Wyllys and Lieutenant 
Frothingham, of the federal troops; and Major Fontain, 
Captains Thorp, Scott, and McMurtree ; Lieutenants Clark 
and Rogers; Ensigns Sweet, Bridges, and Thielkeld, of the 
militia. 



NORTH-WESTERN TERRITORY. 107 

This expedition was followed by vigorous efforts on the 
part of the savages, to harass and break up the American 
settlements; in which they must have succeeded, but for 
the total destruction of their property and provisions, just 
at the approach of winter. 



1 



CHAPTER V. 

The early adventurers to the Miami Purchase. — Stations erected. — Attacked 
by the Indians. — Communications of President Washington to Congress. — 
Statement showing the weakness of the Ohio Company's settlement. — Gen. 
Scott's expedition against the Wabash Indians. — Its celerity and success. — 
Col. Wilkinson's expedition against the same tribes. — Conducted with skill 
and success. — Organization of Gen. St. Clair's army. — Encamped at Lud- 
low's Station. — Its number. — The campaign. — The cause of the defeat. — 
Court of Inquiry. — The General acquitted of all censure. 

A LARGE number of the original adventurers to the Miami 
Purchase, had exhausted their means by paying for their 
land, and removing their families to the country. Others 
were wholly destitute of property, and came out as volun- 
teers, under the expectation of obtaining, gratuitously, such 
small tracts of land, as might be forfeited by the pur- 
chasers, under Judge Symmes, for not making the improve- 
ments required by the conditions stipulated in the terms of 
sale and settlement of Miami lands, published by the Judge, 
in 1787; which will be more fully explained in a subse- 
quent chapter. The class of adventurers first named, was 
comparatively numerous, and had come out under an ex- 
pectation of taking immediate possession of their lands, 
and of commencing the cultivation of them for subsistence. 
Their situation, therefore, was distressing. To go out into 
the wilderness to till the soil, appeared to be certain death; 
to remain in the settlements threatened them with starva- 
tion. The best provided of the Pioneers found it difficult 
to obtain subsistence ; and, of course, the class now spoken 
of, were not far from total destitution. They depended on 
game, fish, and such products of the earth as could be raised 



BURNET'S NOTES. 109 

on small patches of ground in the immediate vicinity of the 
settlements. 

Occasionally small lots of provision were brought down 
the river by emigrants, and sometimes were transported on 
pack-horses, from Lexington, at a heavy expense, and not 
without danger. But supplies, thus procured, were beyond 
the reach of those destitute persons now referred to. 

Having endured these privations as long as they could 
be borne, the more resolute of them determined to brave the 
consequences of moving on to their lands. To accomplish 
the object, with the least exposure, those whose lands were 
in the same neighborhood, united as one family; and on 
that principle, a number of associations were formed, 
amounting to a dozen or more, who went out resolved to 
maintain their positions. 

Each party erected a strong block-house, near to which 
their cabins were put up, and the whole was enclosed by 
strong log pickets. This being done, they commenced 
clearing their lands, and preparing for planting their crops. 
During the day, while they were at work, one person was 
placed as a sentinel, to warn them of approaching danger. 
At sun-set they retired to the block-house and their cabins, 
taking every thing of value within the pickets. In this 
manner they proceeded from day to day, and week to week, 
till their improvements were sufficiently extensive to sup- 
port their families. During this time, they depended for 
subsistence on wild game, obtained at some hazard, more 
than on the scanty supplies they were able to procure from 
the settlements on the river. 

In a short time these stations gave protection and food 
to a large number of destitute families. After they were 
established, the Indians became less annoying to the settle- 
ments on the Ohio, as part of their time was employed in 
watching the stations. The former, however, did not 
escape, but endured their share of the fruits of savage hos- 
tility. In fact, no place or situation was exempt from dan- 



110 BURNET'S NOTES ON THE 

ger. The safety of the Pioneer depended on his means of 
defence, and on perpetual vigilance. 

The Indians \iewed those Stations with great jealousy, 
as they had the appearance of permanent military estab- 
lishments, intended to retain possession of their country. 
In that view they were correct; and it was fortunate for 
the settlers, that the Indians wanted either the skill or the 
means of demolishing them. The truth is, they had no idea 
of the flood of emigration which was setting towards their 
borders, and did not feel the necessity of submitting to the 
loss to which immediate action would subject them. They 
certainly were not deficient in bravery. No man can think 
so, who has a knowledge of the countless instances of their 
heroic self-devotion. Caution, which is sometimes called 
cowardice, they certainly possessed to a great extent, as it 
was a part of theu' education. It led them to avoid dan- 
ger, M'hen the object in view was not sufiiciently important 
to overbalance the loss, which -success, or victory, would 
cost ; but when they saw and felt the importance of ac- 
complishing an object, and resolved to undertake it, they 
appeared not to know what fear was ; danger did not deter 
but rather m*gcd them to personal exposure. 

They could not have been insensible of the consequences 
of suffering those stations to be maintained, which were so 
many military occupations, in advance of an unseen enemy ; 
yet they did not perceive the necessity of immediate action, 
and therefore deferred, what they thought could be per- 
formed as well at some futm'e time. 

The truth of tlie matter is, their great error consisted in 
permitting those works to be constructed at all. They might 
have prevented it with great ease, but they appeared not to 
be aware of the serious consequences which were to result, 
until it was too late to act A\ith effect. Several attacks 
were, however, made at different times, with an apparent 
determination to destroy them ; but they failed in every in- 
stance. The assault made on the station erected by Cap- 



V 



NORTH-WESTERN TERRITORY, 1 1 1 

tain Jacob White, a Pioneer of much energy and enterprise, 
at the third crossing of Mill creek from Cincinnati, on the 
old Hamilton road, was resolute and daring ; but it was 
gallantly met, and successfully repelled. During the attack, 
which was in the night. Captain White shot and killed a 
warrior, who fell so near the block-house, that his compan- 
ions could not remove his body. The next morning it was 
brought in, and judging from his stature, as reported by the 
inmates, he might have claimed descent from a race of 
giants. On examining the ground in the vicinity of the 
block-house, the appearances of blood indicated, that the 
assailants had suffered severely. 

In the winter of 1790-1, an attack was made, with a 
strong party, amounting, probably to four or five hundred, 
on Dunlap's station, at Colerain. The block-house at that 
place was occupied by a small number of United States' 
troops, commanded by Col. Kingsbury, then a subaltern in 
the army. The fort was furnished with a piece of artillery, 
which was an object of terror to the Indians, yet that did 
not deter them from an attempt to effect their purpose. 
The attack was violent, and for some time the station was 
in imminent danger. 

The savages were led by the notorious Simon Girty, and 
outnumbered the garrison, at least, ten to one. The works 
were entirely of wood, and the only obstacle between the 
assailants and the assailed, was a picket of logs, that might 
have been demolished, with a loss not exceeding, proba- 
bly, twenty or thirty lives. The garrison displayed unusual 
gallantry — they frequently exposed their persons above the 
pickets, to insult and provoke the assailants ; and judging 
from the facts reported, they conducted with as much folly 
as bravery. 

Col. John Wallace, of Cincinnati, one of the earliest and 
bravest of the Pioneers, and as amiable as he was brave, 
was in the fort when the attack was made. Although the 
works were completely surrounded by the enemy, the Colo- 



112 BURNET'S NOTES ON THE 

nel volunteered liis services to go to Cincinnati for a rein- 
forcement. The fort stood on the east bank of the Big 
Miami. Late in the night, he v^^as conveyed across the river, 
in a canoe, and landed on the opposite shore. Having 
passed down some miles below the fort, he swam the river? 
and directed his course for Cincinnati. On his way down» 
the next day, he met a body of men, from that place, and 
from Columbia, proceeding to Colerain. They had been 
informed of the attack, by persons hunting in the neighbor- 
hood, who were sufficiently near the fort to hear the firing 
when it began. 

He joined the party, and led them to the station by the 
same route he had traveled from it; but before they arrived, 
the Indians had taken their departure. It was afterwards 
ascertained, that Mr. Abner Hunt, a respectable citizen of 
New Jersey, who was on a surveying tour, in the neighbor- 
hood of Colerain, at the time of the attack, was killed before 
he could reach the fort. His body was afterwards found, 
shockingly mangled. 

During the same season, a large party of Indians invested 
Fort Jefferson, which had been built by the United States' 
troops, about six miles south of Greenville, now the county 
seat of Darke, and celebrated as the place where General 
Wayne negotiated his treaty of peace and boundaries, with 
the Indian tribes, in 1795. Before the enemy were discov- 
ered by the garrison, a party had crept up and secreted 
themselves in the under-brush, and behind logs near the 
Fort. Having gained that position, they attempted to 
draw out some of the garrison in pursuit of game, by imi- 
tating the noise of turkeys, with perfect exactness. Major 
Shaylor, the commandant, was passionately fond of hunt- 
ing, and, not dreaming of a decoy, hastened out in pursuit 
of the game, accompanied by his son. 

As they approached the place from which the sound 
came, the savages rose and fired. The son, a lad of fine 
promise, fell; the Major fled to the garrison, pursued closely 



NORTH-WESTERN TERRITORY. 113 

by the Indians, who felt confident, they would either take 
him, or gain possession of the sally gate, when opened for 
his reception. They were, however, disappointed. He en- 
tered, and the gate was closed a few moments before they 
reached it. In escaping to the Fort, he was wounded by 
an arrow, in the back. Had this been the only penalty of 
his temerity, he might have been thankful ; but the loss of 
a son of great promise, sacrificed by his own folly, rested 
on his memory, if not on his conscience. 

It would be a tedious undertaking, were it practicable, to 
detail or enumerate the hostile movements of the Indians, 
and their numberless depredations. During the whole pro- 
gress of the war, small parties were constantly lurking in the 
neighborhood of the white settlements and stations, watch- 
ing for opportunities to plunder and murder. They came 
frequently into the villages by night, and carried off" horses 
and other property, undiscovered. These depredations 
were so frequent, that the inhabitants were constantly on 
the alert ; and found it necessary to keep up a guard, when 
engaged in clearing and cultivating their grounds. It was 
not safe to venture into the woods unarmed , and even at 
Cincinnati, in sight of Fort Washington, it was found pru- 
dent to attend church on the Sabbath, armed and prepared 
to repel an attack. 

In January, 1791, President Washington laid before Con- 
gress, a statement of the condition of the Western country, 
accompanied with his views of the measures proper to be 
taken for its defence. He maintained, that it was an im- 
portant branch of the duty of the General Government, to 
afford to the frontier settlers all reasonable protection, in 
the enjoyment of their just rights, both of person and pro- 
perty. He urged it also, as a matter of importance, to con- 
vince whomsoever it might concern, that notwithstanding 
the distance of the field of action, government possessed 
power to preserve peace and good order on the frontiers. 
He maintained that it was true economy to regulate events, 
8 



114 BURNET'S NOTES ON THE 

instead of being regulated by them; and to provide means 
necessary to do so. 

After submitting to their consideration a plan for increas- 
ing the regular establishment, should that course be thought 
expedient, he expressed a very decided opinion, that an- 
other expedition against the Wabash Indians was indis- 
pensable ; that affairs could not remain as they then were 
— that although w^inter imposed peace for the present; yet, 
unless the attention of the Indians should be called to their 
own country, they would, on the opening of the spring, 
spread general desolation over the frontiers — that the In- 
dians on the Wabash amounted to about eleven hundred 
warriors: to which number there should be added one 
thousand, belonging to other tribes more distant; and on 
that estimate, that the army for the next campaign ought 
to consist of three thousand well armed troops ; to make it 
superior to all opposition, and prevent the repetition of the 
same trouble and expense. 

A few days after this message had been sent to Con- 
gress, by the President, he communicated to them further 
intelligence, received from General Putnam, of Marietta, 
and Major Zeigler, of Fort Washington, of recent depreda- 
tions committed in the north-west. He also laid before 
them a statistical statement, prepared with great care, con- 
taining information which it was important for the govern- 
ment to know, at that juncture. From that tabular state- 
ment it appeared, that the garrison at Fort Harmar then 
consisted of little more than twenty soldiers — that the en- 
tire number of men in the Muskingum settlements, capable 
of bearing arms, including civil and military officers, did 
not exceed two hundred and eighty-seven, many of whom 
were badly armed — that the inhabitants were in the most 
imminent danger of being destroyed, should the enemy 
push the war with vigor, during the winter. It also ap- 
peared, that at Marietta there were about eighty houses 
within the distance of one mile ; and a few scattered cabins 



NORTH-WESTERN TERRITORY. 115 

about three miles up the river. On Duck creek, four miles 
from the village, there v^^as a set of mills; and there was 
another set on the Muskingum, two miles distant. Twen- 
ty-two miles up that river, there was a settlement, consist- 
ing of twenty families. On Wolf creek, distant two miles, 
there were five families, and a set of mills. On the Ohio, 
opposite the Little Kenawha, the settlement of Belpre com- 
menced, and extended down the river, with little interrup- 
tion, twelve miles, and contained between thirty and forty 
houses. 

That concise statement exhibited the entire population 
and strength of the Ohio Company's purchase, as it then 
was. It was also stated, that a few weeks before that doc- 
ument was prepared, the Indians had attacked and broken 
up a new settlement at the Big Bottom, forty miles up the 
Muskingum, consisting of sixteen men, one woman, and 
two children ; all of whom were killed, except four of the 
men, who made their escape. 

The impression produced on the minds of Congress by 
these and similar communications, induoed them promptly 
to authorise the President to raise an army of three thous- 
and men, being the number proposed, and to place it under 
the command of Governor St. Clair, who was then ap- 
pointed a Major General. At the same time, with a view 
of producing immediate relief, they authorised the President 
to raise a corps of Kentucky volunteers, for the purpose of 
destroying the towns on the Wabash, by a rapid march, 
and an unexpected attack. 

In executing that trust, the President appointed General 
Charles Scott to command the expedition; and to prevent 
the delay which might be produced by distance, and by the 
difficulty of communicating with the Department, through 
an unsettled wilderness, he appointed a board of advisers, 
consisting of Harry Innes, John Brown, Benjamin Logan, 
and Isaac Shelby, on the advice of any three of whom 



116 BURNET'S NOTES ON THE 

General Scott was authorised to act, without waiting for 
special directions from the Secretary of War. 

The troops for the expedition were to be chosen men, 
voluntarily engaged for the purpose, whose bravery and 
skill could be entirely relied on ; and the detachment was 
to consist of such a number, not exceeding seven hundred 
and fifty, as the General and the majority of his advisers 
might determine. The officers were to be selected by the 
General, and approved by a majority of the persons before 
named. The troops were to be mounted, armed and equip- 
ped, in all respects, according to the advice of the commit- 
tee, and were placed under the sole command of General 
Scott, holding the rank of a Brigadier. In accordance with 
this authority and these instructions, the detachment was 
raised, mounted, and equipped, and on the 19th of May 
were mustered, at the mouth of the Kentucky river. 

On the 23d of the same month, they marched from the 
bank of the Ohio, and pressed forward with the utmost in- 
dustry, directing their course to the Ouiatanon village. On 
the 31st, they had marched one hundred and thirty-five 
miles, over a country intersected and made rough, by four 
branches of White river, and by other smaller streams, 
many of them having steep muddy banks. During the 
march, rain fell in torrents, which impeded their progress, 
wore down their horses, and injured their provisions. On 
the morning of the 1st of June, an Indian on horseback was 
discovered at some distance on the right. Measures were 
immediately taken to capture him, but without success. 
The General, thus finding that he had been discovered by 
the enemy, determined to advance rapidly, under a hope of 
reaching the main point of attack that day ; though unfor- 
tunately his guides were strangers to the region of country 
he was then in. 

At one o'clock, having marched one hundred and fifty 
miles from the Ohio, two small villages were discovered on 



NORTH-WESTERN TERRITORY. 117 

the left, at two and four miles distance. The guides then 
recognized the ground, and informed the General that the 
main town was four or five miles in front. He immedi- 
ately sent a detachment of sixty mounted infantry, under 
Colonel Hardin, and a troop of light-horse under Captain 
McCoy, to attack the villages on the left, while he ad- 
vanced briskly, with the main body, in order of battle, to 
the chief town in front. 

Before the troops had reached it, the enemy were seen in 
great confusion, endeavoring to make their escape over the 
river. Five canoes, crowded full of them were destroyed, 
and all who were in them perished ; though a heavy fire 
was kept up on the assailants, from a Kickapoo village, on 
the opposite bank. The river at that point being too high 
to be forded. Colonel Wilkinson was dispatched to a ford, 
two miles above, which he found also to be impassable. 
The enemy being still in possession of the Kickapoo town, 
two companies, commanded by Captains King and Logs- 
don, were dispatched, with orders to cross the river below, 
and take it. That order was promptly obeyed, although 
some of the men were compelled to swim the river, while 
others were crossing it in small canoes. This movement 
was so entirely unobserved, and unexpected by the enemy, 
that the Kentuckians had posted themselves on the bank, 
before they were discovered by the Indians. The moment 
that discovery was made, the enemy abandoned the place. 

In the mean time, Colonel Hardin had successfully exe- 
cuted the order to take the villages on the left, and was en- 
cumbered with prisoners. While thus embarrassed, he dis- 
covered a stronger village still further to the left, which he 
attacked and carried, and then joined the main body, be- 
fore sunset, having killed six warriors and taken fifty-two 
prisoners. 

The next day, Colonel Wilkinson marched with three 
hundred and sixty men, to attack the important village, 
Keth-ti-pe-can-wak, which he took and destroyed, wdth the 



118 BURNET'S NOTES ON THE 

loss of only three men wounded. Many of the inhabitants 
of this village were French, who were enjoying the com- 
forts of civilized life; and from letters and other papers 
found in their possession, it was evident they were in cor- 
respondence, and close connection with the leading men of 
Detroit. The village consisted of seventy houses; man}- 
of which were well built and furnished. These were all 
burnt, with a large quantity of corn, peltry, furniture, and 
various other articles of property of much value. 

On the 4th the General liberated sixteen of the weakest 
and most infirm of his prisoners, and sent them with a talk 
to the Wabash tribes. The motives to this measure were 
to rid the army of a heavy incumbrance — to gratify the 
feelings of humanity, and at the same time, by distracting 
the councils of the enemy, to favor the views of govern- 
ment. On the same day, after having bm-nt the towns and 
villages, cut up the growing corn, and destroyed every spe- 
cies of property \\dthin their reach, they began their march 
towards the rapids of the Ohio, and on the 14th reached 
that place, having accomplished the great and only object 
of the expedition, without the loss of a single man killed, 
and only four wounded — having themselves killed thirty- 
two warriors, taken fifty-seven prisoners, and destroyed 
much valuable property. To the honor of the volunteers, 
it was certified, by the General, that not a single act of 
inhumanity had marked their conduct, during the cam- 
paign. 

After the return of this gallant little army, the General 
delivered to the commandant, at Fort Steuben, forty-one 
prisoners, for which he took a receipt ; and which, with the 
sixteen liberated, swelled the number of his captives to 
fifty-seven. 

The briUiant success of this rapid expedition, commenced 
and terminated in less than thirty days, induced General 
St. Clair, under the discretionary power he had received 
from the President, to organize another, against the same 



NORTH-WESTERN TERRITORY. 119 

towns, without loss of time. With that view, he commis- 
sioned Colonel James Wilkinson, who had just signalized 
himself under General Scott, to raise a corps of mounted 
Kentucky volunteers, to consist of not less than five, nor 
more than six hundred, rank-and-file, and to lead them, 
under his own command, against the Wabash Indians, to 
complete the work, which the troops under General Scott, 
had so successfully begun. The commission was accepted 
about the last of June ; and before the close of the succeeding 
month of July, the Colonel reported himself to Governor St. 
Clair, at Fort Washington, with a detachment of five hun- 
dred and fifty volunteers, well mounted, equipped, and 
organized, ready to receive and execute his orders. 

On the recommendation of Colonel Wilkinson, Messrs. 
Caldwell and McDowell were appointed Majors, and such 
other officers were selected and commissioned, as the ser- 
vice required. On the 1st of August, the detachment left 
Fort Washington, and took up its march for the Wabash 
towns. For the purpose of misleading the enemy, the 
course of the army was at first directed to the Miami vil- 
lages, on the St. Joseph's; and that direction was continued 
till the fourth day, when, having advanced seventy miles 
from Fort Washington, the course was changed to the 
north-west. By that plan, the object in view was conceal- 
ed, in part, by avoiding the common hunting grounds of the 
enemy, and also the paths they were wont to travel. 

The country, over which the detachment marched, 
abounded in ponds and swamps, by which their progress 
was greatly checked; and in consequence of which, it was 
found necessary, frequently, to change their course. This 
not only caused delay and loss of time, but increased the 
chances of being discovered by the enemy, before reaching 
the point of destination. Soon after crossing a branch of 
the Calumet river, the advanced guard discovered and fired 
on a small party of Indians, one of whom they succeeded 
in taking prisoner. He proved to be a Delaware, residing 



120 BURNET'S NOTES ON THE 

near the site of one of the villages destroyed by General 
Harmar, the preceding fall; which, as he informed the Col- 
onel, was about thirty miles distant. On receiving that 
information, the course of the detachment was directed 
more to the west. On the 6th of the month, they crossed 
a road very much used, where twenty men were left by 
the Colonel, in ambush, to watch and intercept any party 
of the enemy that might casually pass; and prevent as 
long as possible, the discovery of his real object. That 
party soon discovered four warriors encamped on the right, 
one of whom they killed. On the 7th, the army struck the 
Wabash, near the mouth of Eel river; being the very spot 
for which the Colonel had aimed, from the commencement 
of his march. The troops then crossed the river in view 
of the town, when a general charge was ordered, and 
obeyed with such alacrity, that the men forced their way 
over every obstacle. The enemy were unable to resist — 
six warriors were killed, and unfortunately two squaws, 
and a child, shared the same fate. Thirty-four prisoners 
were taken, and an American, held in captivity, was re- 
leased. The American loss was two men killed, and one 
wounded. 

This town extended along the river three miles. The 
gallant little army encamped in it that night, and the next 
morning cut up the corn, scarcely in the milk, and burnt the 
buildings. Having left two squaws and a child, with a 
short talk for the Indians, the army took up its march for 
the " Kickapoo town in the prairie." Not being able to 
discover any path, in the direct course to that town, they 
marched by the road leading to Tippecanoe. After much 
labor, difficulty and fatigue, which exhausted the men and 
wore down their horses, they reached that village, which in 
the morning had been occupied by the enemy, but was 
abandoned as the army approached. 

After the destruction of this town, by General Scott, in 
June, the Indians returned and replanted their corn and 



NORTH-WESTERN TERRITORY. |21 

pulse, as they had done in other places, which had grown 
rapidly, and were in a flourishing state. For the purpose of 
refreshing the horses, and giving time to cut down the corn, 
the Colonel determined to halt till morning, and then renew 
his march for the " Kickapoo town, in the prairie." In the 
course of the day he had discovered some uneasiness and 
murmuring among the men, which, on enquiry, he found 
proceeded from a reluctance to advance further into the 
enemy's country. 

This led to the examination of the supplies, etc. of the 
detachment, when it appeared, that two hundred and sev- 
enty horses were lame, and that there remained but five 
day's provision for the men. Under these circumstances, 
the Colonel was compelled, reluctantly, to abandon his de- 
sign against the Kickapoos, in the prairie. He marched, 
however, against a town of the same nation situated about 
three leagues west. As he advanced to that town, the ene- 
my made some show of fighting, but fled at his approach. 
The town, consisting of thirty houses, was destroyed, with 
a considerable quantity of corn in the milk; and the same 
day the troops moved to Ouiatanon, where they forded the 
Wabash, and proceeded to the site of the village which had 
been destroyed by General Scott, on the margin of the 
prairie, where they encamped. The corn, which had been 
re-planted at that town, and was in a high state of cultiva- 
tion, was again destroyed. On the 12th, the march was 
resumed, and continued till the 21st, when the troops arrived 
at the Falls of the Ohio, having marched, by accurate com- 
putation, four hundred and fifty-one miles from Fort Wash- 
ington. 

Great praise was awarded to the whole detachment, for 
their perseverance and bravery, and special notice was ta- 
ken of Majors McDowell and Caldwell, and of Colonel 
Russell, who led the advance, in the character of a volun- 
teer, without a commission. The thanks of the commander 
were also given to Major Adair, and Captain Parker, who 



122 BURNET'S NOTES ON THE 

acted immediately about his person, and rendered the most 
prompt and energetic services. 

While these military movements under Scott, and under 
Wilkinson, were going on against the Wabash Indians, the 
War Department was engaged in raising the army of three 
thousand men, ordered by Congress, of which Governor St. 
Clair had been appointed commander, with the rank of 
Major General. 

On the 28th the General left Philadelphia, for Fort 
Pitt, where he arrived on the sixteenth of April, and 
from thence proceeded by the way of Lexington, to Fort 
Washington, which he reached on the 15th of May. The 
garrison at that place, as appears from an official report, 
consisted of seventy-five non-commissioned officers and 
privates, fit for duty. The garrison at Fort Harmar, con- 
sisted of forty-five ; the garrison at Fort Steuben, of sixty- 
one, and the garrison at Fort Knox, of eighty-three men. 
The first regiment of United States' troops, of which these 
garrisons were component parts, amounting in the whole to 
two hundred and ninety nine, rank and file, were collected 
at Cincinnati, on the 15th of July. 

General Butler, who was the second in command, was 
charged with the arrangements necessary for the recruiting 
service, and having established a rendezvous at Baltimore, 
proceeded to Pittsburgh. 

The troops at Fort Washington, on the last of August, 
amounted to about two thousand non-commissioned officers 
and privates. By order of the Commander-in-chief, they 
marched from thence to Ludlow's station, five miles in ad- 
vance of the Fort, where they encamped till the 17th of 
September, waiting for reinforcements and supplies. On 
that day they numbered two thousand three hundred rank 
and file ; and on the same day marched from the station 
to the Big Miami river, where they halted and built Fort 
Hamilton, which gave name to the county seat of Butler. 

From that post, the army marched, under the command 



NORTH-WESTERN TERRITORY. 123 

of General Butler, on the morning of the 4th of October. 
They were compelled to move slowly, and halt frequently, 
for the provisions and other supplies of the army. 

On the 24th they halted for several days, and erected a 
fort, which was called Fort Jefferson. During this time, a 
body of the militia, amounting to three hundred, deserted, 
and returned to their homes. The supplies for the army 
being still in the rear, and the General entertaining fears 
that the deserters might meet and seize them for their own 
use, determined, very reluctantly, to send back the first re- 
giment, for the double purpose of bringing up the provisions 
and, if possible, of overtaking and arresting the deserters. 

Having made that arrangement, the army resumed its 
march, and on the 3rd of November, arrived at a creek run- 
ning to the south west, which was supposed to be the St. 
Mary's, one of the principal branches of the Maumee, but 
was afterwards ascertained to be a branch of the Wabash, 
It being then late in the afternoon, and the army much fa- 
tigued by a laborious march, they were encamped on a 
commanding piece of ground, having the creek in front. 

It was the intention of the General to occupy that posi- 
tion till the first regiment, with the provisions, should come 
up. He proposed on the next day, to commence a work of 
defence, agreeably to a plan concerted between himself and 
Major Ferguson, but he was not permitted to do either ; for 
on the next morning, November 4th, half an hour before 
sunrise, the men having been just dismissed from parade, an 
attack was made on the militia posted in front, who gave 
way and rushed back into the camp, throwing the army into 
a state of disorder, from which it could not be recovered, as 
the Indians followed close at their heels. They were, how- 
ever, checked a short time by the fire of the first line, but 
immediately a very heavy fire was commenced on that line, 
and in a few minutes it was extended to the second. 

In each case, the great weight of the fire was directed to 
the centre, where the artillery was placed; from which the 



124 BURNET'S NOTES ON THE 

men were frequently driven with great slaughter. In that 
emergency resort was had to the bayonet. Colonel Darke 
was ordered to make the charge with a part of the second 
line, which order was executed with great spirit. The In- 
dians instantly gave way, and were driven back several 
hundred yards, but for want of a sufficient number of rifle- 
men to preserve the advantage gained, the enemy soon 
renewed their attack, and the American troops, in turn, 
were forced to give way. 

At that instant, the Indians entered the American camp 
on the left, having forced back the troops stationed at that 
point. Another charge was then ordered and made by the 
battalions of Majors Butler and Clark, with great success. 
Several other charges were afterwards made, and always 
with equal effect. These attacks, however, were attended 
with a very heavy loss of men, and particularly of officers. 
In the charge made by the second regiment. Major But- 
ler was dangerously wounded ; and every officer of that 
regiment fell, except three, one of whom was shot through 
the body. The artillery being silenced, and all the officers 
belonging to it killed, but Captain Ford, who was danger- 
ously wounded, and half the army having fallen, it became 
necessary to gain the road, if possible, and make a retreat. 

For that purpose, a successful charge w^as made on the 
enemy, as if to turn their right flank, but in reality, to gain 
the road, which was effected. The militia then commenced 
a retreat, followed by the United States' troops. Major 
Clark, with his battalion, covering the rear. The retreat, 
as might be expected, soon became a flight. The camp 
was abandoned, and so was the artillery, for the want of 
horses to remove it. The men threw away their arms and 
accoutrements, even after the pursuit had ceased, which 
was not continued more than four miles. The road was 
almost covered with those articles, for a great distance. 

All the horses of the general were killed, and he was 
mounted on a broken down pack-horse, that could scarcely 



NORTH-WESTERN TERRITORY. 125 

be forced out of a walk. It was therefore impossible for 
him to get forward in person, to command a halt, till regu- 
larity could be restored, and the orders which he dispatched 
by others, for that purpose, were wholly unattended to. 
The rout continued to Fort Jefferson, where they arrived 
about dark, twenty-seven miles from the battle-ground. 
The retreat began at half past nine in the morning, and as 
the battle commenced half an hour before sunrise, it must 
have lasted three hours, during which time, with only one 
exception, the troops behaved with great bravery. This 
fact accounts for the immense slaughter which took place. 

Among the killed, were Major General Butler, Colonel 
Oldham, Major Ferguson, Major Hart, and Major Clark. 
Among the wounded, were Colonel Sargeant, the Adjutant 
General, Colonel Darke, Colonel Gibson, Major Butler, and 
Viscount Malartie, who served in the character of an aid. 
In addition to these, the list of officers killed contains the 
names of Captains Bradford, Phelon, Kirkwood, Price, Van 
Swearingen, Tipton, Purdy, Smith, Piatt, Gaither, Crebbs, 
and Newman; Lieutenants Spear, Warren, Boyd, McMath, 
Burgess, Kelso, Read, Little, Hopper, and Lickins ; also. 
Ensigns Cobb, Balch, Chase, Turner, Wilson, Brooks, 
Beatty, and Purdy; also. Quartermasters Reynolds and 
Ward, Adjutant Anderson and Doctor Grasson. And in 
addition to the wounded officers whose names are men- 
tioned above, the official list contains the names of Captains 
Doyle, Trueman, Ford, Buchanan, Darke, and Hough; also 
of Lieutenants Greaton, Davidson, De Butts, Price, Morgan, 
McCrea, Lysle, and Thompson; also. Adjutants Whistler, 
and Crawford, and Ensign Bines. 

The melancholy result of that disastrous day was felt 
and lamented by all, who had sympathy for private distress, 
or public misfortune. 

The only charge alledged by the General against his army, 
was want of discipline, which they could not have acquired, 
during the short time they had been in the service. That 



126 BURNET'S NOTES ON THE 

defect rendered it impossible, when they were thrown into 
confusion, to restore them again to order, and is the chief 
reason why the loss fell so heavily on the officers. They 
were compelled to expose themselves in an unusual degree 
in their efforts to rally the men, and remedy the want of 
discipline. In that duty, the General set the example, 
though worn down by sickness, and suffering under a pain- 
ful disease. It was alledged by the officers, that the Indians 
far outnumbered the American troops. That conclusion 
was drawn, in part, from the fact, that they outflanked and 
attacked the American lines with great force, at the same 
time, on every side. 

When the fugitives arrived at Fort Jefferson, they found 
the first regiment, which was just returning from the ser- 
vice on which it had been sent, without either overtaking 
the deserters, or meeting the convoy of provisions. The 
absence of that regiment, at the time of the battle, was be- 
lieved by some, to be the cause of the defeat. They sup- 
posed, that had it been present, the Indians would have 
been defeated, or would not have ventured an attack at the 
time they made it; but General St. Clair expressed great 
doubt on that subject. He seemed to think it uncertain, 
judging from the superior number of the enemy, whether 
he ought to consider the absence of that corps from the 
field of action, as fortunate or otherwise. On the whole, he 
seemed to think it fortunate, as he very much doubted, 
whether, if it had been in the action, the fortune of the day 
would have been changed ; and if it had not, the triumph of 
the enemy would have been more complete, and the coun- 
try would have been left destitute of the means of defence. 

As soon as the troops reached Fort Jefferson, it became 
a question whether they ought to continue at that place, or 
return to Fort Washington. For the purpose of determin- 
ing that question, the General called on the surviving field 
officers, to wit: Colonel Darke, Major Hamtramck, Major 
Zeigler, and Major Gaither, and also the Adjutant General, 



NORTH-WESTERN TERRITORY. 127 

Colonel Sargeant, for their advice, as to what would be the 
proper course to be pursued, under existing circumstances. 
After discussing the subject, they reported it to be their 
unanimous opinion, that the troops could not be accommo- 
dated in the Fort; that they could not be supplied with 
provisions, at that place ; and as it was known there were 
provisions on the road, at the distance of one, or two 
marches, it would be proper, without loss of time, to pro- 
ceed and meet them. That advice was adopted, and the 
army put in motion again at 10 o'clock, and marched all 
night. On the succeeding day, they met a quantity of 
flour, and on the day after, a drove of cattle, which having 
been disposed of, as the wants of the troops required, the 
march was continued to Fort Washington. 

The loss sustained by the country, from the fall of so 
many gallant officers and men, was most seriously re- 
gretted. General Butler and Major Ferguson, were spoken 
of with peculiar interest. The public feeling was, how- 
ever, in some measure alleviated, by the fact, that those 
brave men, officers and privates, fell covered with honor, 
in defending the cause of their country. 

The principal complaint made by the Commander-in- 
chief was, that some of his orders, of great consequence, 
given to Colonel Oldham, over night, were not executed; 
and that some very material intelligence, communicated by 
Captain Hough, to General Butler, in the course of the 
night, before the action, was not imparted to him; and that 
he did not hear of it, till his arrival at Fort Washington. 

It is important to the fame of the commanding General, 
that in consequence of the almost treasonable negligence 
of the agents of government, whose duty it was to furnish 
supplies, the army had been for many days on short allow- 
ance, and were so at the time of the battle. That fact had 
made it indispensably necessary, either to retreat, or send 
back the first regiment, which was the flower of the army, 
to bring up the provisions and military stores. The latter 



128 BURNET'S NOTES ON THE 

alternative was chosen, and in the absence of that corps, 
the attack was made. 

In regard to the negligence charged on the War Depart- 
ment, it is a well authenticated fact, that boxes and pack- 
ages were so carelessly put up and marked, that during the 
action a box was opened marked " flints," which was found 
to contain gun-locks. Several mistakes of the same char- 
acter were discovered, as for example, a keg of powder 
marked " for the infantry," was found to be damaged can- 
non powder, that could scarcely be ignited. 

Under all these disadvantages, it was generally believed 
by candid intelligent men, that the commanding General 
was not justly liable to much censure, if any. With one 
exception, at the commencement of the action, the troops 
behaved with great bravery. They maintained their ground 
for three tedious hours, in one uninterrupted conflict with a 
superior force ; nor did they attempt to leave the field, till 
it was covered with the bodies of their companions, nor 
until further efforts were unavailing, and a retreat was 
ordered. 

The General, less anxious for himself than for others, 
was the last to leave the ground, after the retreat had been 
ordered. For some time after the disaster, he was univer- 
sally censured; but when a thorough investigation had 
been made by a committee of Congress, of which Mr. Giles, 
of Virginia, was the chairman, it was found that the cam- 
paign had been conducted with skill and personal bravery; 
and that the defeat was chiefly owing to the want of disci- 
pline in the militia, and to the negligence of those whose 
duty it was to procure and forward the provisions and mili- 
tary stores, necessary for the expedition. 

After the publication of that report, the Secretary of War, 
believing himself to be injured, addressed a letter to Con- 
gress, complaining that injustice had been done him by the 
committee; in consequence of M^hich the report was re- 
committed to the same committee, who, after hearing the 



NORTH-WESTERN TERRITORY. 129 

Statements and explanations of the Secretary, and recon- 
sidering the whole matter, re-affirmed their first report. 

In the course of the next season, an attempt was made 
to open a negotiation with the Indians, for the purpose of 
effecting a general peace ; but without success. Colonel 
Hardin, and Major Trueman, who went on that embassy 
with a flag from Fort Washington, were barbarously mur- 
dered. 

It is stated in a late publication, that those officers were 
sent out by General Wayne, in succession, with flags to 
the enemy, by whom they were assassinated; but it ap- 
pears that they went from Fort Washington with the same 
flag, on one and the same embassy, in the summer of 1792, 
while the garrison was commanded by General Wilkinson' 
General Wayne did not arrive at Cincinnati, till the close 
of the summer of 1793, and could not have had an agency 
m the arrangements for fitting out the mission. 

The discrepancies which have appeared as to the time, 
manner, and circumstances, of that unfortunate embassy' 
are somewhat remarkable. In a former publication the' 
writer of this article fell into one of those mistakes, which 
was, however, soon after discovered and corrected. 

The most material facts of the case are these. On the 
3d of April, 1792, eight days before General Wayne was 
appomted to the command of the Western army. Major 
Trueman, being at the seat of government, was appointed 
by the President to negotiate a treaty with the Western 
Indians, and on the same day received his instructions from 
the Secretary of War, with an order to proceed to Fort 
Washington, and disclose to the commandant. Colonel Wil- 
kinson, the object of his mission; who would concert 
with him the proper means to carry it into execution. On 
the arrival of Major Trueman at Fort Washington, Colonel 
Wilkinson, who had, in the interval, been promoted to the 
rank of a Brigadier General, saw proper to associate Colonel 



jg^j BURNET'S NOTES ON THE 

Hardin with Major Trueman, and to send them both on the 

embassy. , 

They left the fort some time in June, with a servant and 
a guide, and proceeded on their way to the Indian towns. 
On the 3d of July following, Colonel Vigo arrived from 
Vincennes, with information brought to that place, by a 
Wea chief, that four men, who had gone to the Indian 
country, from an American fort, had been fired on by a 
party of Indians ; that three of them were killed on the spot, 
and the fourth, who carried a flag, and had papers m his pos- 
session, was taken prisoner, but was killed on the next day. 
It was further stated, that the papers were taken by the 
Indians, to a white man who could read, and who informed 
them that one of the papers was a long, good talk from a 
great chief; on which they expressed sorrow for what they 

had done. . , n j 

As the embassy from Fort Washington, with a flag and 
a talk, had set out for the Indian country a short time be- 
fore, no doubt was entertained of the fact, that those brave 
officers, Hardin and Trueman, with their attendants, one 
of whom was a son of Mr. A. Freeman, of Cincmnati, had 
been treacherously and barbarously murdered. 

That conclusion was soon confirmed by some prisoners, 
who escaped from the Indians, and came into Fort Wash- 
ington, with the same intelligence. Although the informa- 
tion thus received settled the fact, conclusively, that the 
American commissioners and their attendants had been 
cruellv murdered, yet various rumors were in circulation 
as to the manner in which the crime had been perpetrated. 
It is highly probable that the report of the Wea chief was 
.ub«.tantially correct. It was certainly more plausible than 
the foolish tale, recited by William May, in his deposition, 
taken by General Wayne, at Pittsbiu-gh, that Major True- 
man in order to allay the fears of two Indians whom 
he fdl in with, on his journey, permitted them to tie him, 



NORTH-WESTERN TERRITORY. 131 

his servant, and a lad who accompanied him, during the 
night; and a3 a matter of course, to murder them all be- 
fore morning. 

It seems to be a well authenticated fact, that after Colo- 
nel Hardin was selected to axjcompany Trueman, he ex- 
pressed his conviction confidentially to a friend, Captain 
James Ferguson, of Cincinnati, that the Indians would vio- 
late the flag and assassinate him, assigning as a reason, 
that they had long feared and hated lam. 



CHAPTER VI. 

Situation of affairs on the Frontier— General Wayne appointed to the com- 
mand.— Gallant engagement of Major Adair with the Indians.— Commis- 
sioners appointed to treat with the North-western tribes.— Their instruc- 
tions.— Their negotiations.— Improper interference of British officers and 
agents. — Failure of the negotiation. 

The campaigns of Harmar and St. Clair, and the inter- 
mediate expeditions of Scott and Wilkinson, inflamed the 
rage and malice of the savages to the highest pitch ; and 
prompted them to fill the country with marauding parties, 
whose depredations and cruelties were most distressing. 

At that period the public service rendered it necessary to 
keep up a constant communication between Fort Wash- 
ington, the head-quarters of the army, and the advanced 
posts, for the purpose of conveying supplies, or intelli- 
gence ; sometimes by small parties, and often by single 
individuals, who were necessarily exposed to the attacks of 
those wandering savages. 

While the army was on the frontier, the main body of 
the Indians M^ere in its vicinity, watching its movements, 
and seeking opportunities to harass and annoy it ; yet at 
the same time, they had parties incessantly lurking about 
the villages and stations, and watching the roads and 
paths, leading from one post and station to another. The 
attacks of those parties were frequent and extremely an- 
noying, and M^ere attended with serious losses, both of Hfe 
and property. They were, however, always repelled with 
spirit, and most frequently with success. On some occa- 
sions, the assailants suffered severely, and had cause to 
regret their temerity. 



BURNET'S NOTES. I33 

Such being the state of affairs on the frontier, President 
Washington selected Anthony Wayne, of Revolutionary 
memory, to take command of the army ; and for that pur- 
pose, in April, 1792, he was nominated and appointed a 
Major General. Being aware of some of the causes of the 
failure of the campaigns, under Harmar and St. Clair, and 
particularly that those officers had been ordered by the 
War Department, to advance prematurely into the Indian 
country, he accepted the appointment, with an express 
stipulation, that he should not be required to march into 
the wilderness, till the army was full, and so far disciplined 
as to justify him in assuming the responsibility, to which 
such a movement would subject him. 

The misfortunes of those who preceded him, were known. 
He had investigated their causes, and ascertained that they 
were occasioned, principally, by a want of discipline, and a 
want of the material, necessary for an army. He had seen 
two of his Revolutionary associates censured, the one for a 
total defeat ; and the other for heavy losses, under circum- 
stances, which neither skill, nor bravery, could have pre- 
vented. 

With these lessons before him, he determined to avoid 
the rock, on which they had made shipwreck, and therefore 
accepted the appointment, on the condition before stated. 
A few days after this appointment, James Wilkinson, then 
a Lieutenant Colonel in the army, was promoted to the 
rank of a Brigadier, and became the second officer in com- 
mand. This organization having been made, measures 
were immediately commenced, to recruit the army, and 
perfect the arrangements necessary for the approaching 
campaign. 

While these measures were in progress, information 
was received at the War Department, that on the 6th of 
November, 1792, a detachment of mounted Kentucky vol- 
unteers, encamped in the immediate vicinity of Fort St. 
Clair, twenty-six miles south of Greenville, near where 



134 BURNET'S NOTES ON THE 

Eaton, the county seat of Preble now stands, were suddenly 
and violently attacked by a large party of Indians, who 
rushed on the encampment with great fury. A bloody con- 
flict ensued, during which Major Adair, the commandant of 
the volunteers, ordered Lieutenant Madison, with a small 
party, to gain the right flank of the enemy, if possible, and 
at the same time gave an order for Lieutenant Hall to 
attack their left ; but learning that that oflicer had been 
slain, the Major, with about twenty-five of his men, made 
the attack in person, with a view of sustaining Lieutenant 
Madison. 

The pressure of this movement caused the enemy to give 
way. They were driven about six hundred yards, through, 
and beyond the American camp, where they made a stand, 
and again fought desperately. At that juncture, about 
sixty of the Indians made an effort to turn the right flank of 
the volunteers. Major Adair, foreseeing the consequences 
of that mancEUvre, found it necessary to order a retreat. 
That movement was effected with regularity, and, as was 
expected, the Indians pursued them to their camp, where a 
halt was called, and another severe conflict took place, in 
which the Indians suffered severely, and were driven from 
the ground. 

After the conflict was over, it was ascertained that Lieu- 
tenant Madison, who had been sent to the right, was 
wounded on the first attack, and obliged to retreat into the 
Fort, leaving two of his command dead on the field. It 
was also found, that the Indians had carried off* the greater 
part of the horses belonging to the detachment, and that 
six of the volunteers were killed, five wounded, and four 
missing. The loss of the enemy was about the same. 
Major Adair, the commander of the volunteers, was the 
same officer, who afterwards behaved so gallantly under 
Harrison and Shelby, in the north, and under Jackson, in 
Florida and Louisiana. 

In the spring following, the arrangements for the cam- 



NORTH-WESTERN TERRITORY. 135 

paign still going on, and before much progress had been 
made, a Board of Commissioners, consisting of Benjamin 
Lincoln, Beverly Randolph, and Timothy Pickering, was 
appointed by the President, and vested with ample powers 
to negotiate a treaty of peace and boundaries, with the 
North-western tribes of Indians, on just and equitable prin- 
ciples. From the high character of the Commissioners, and 
the liberal offers they were authorised to make, it was con- 
fidently expected, they would succeed in establishing peace, 
which would supersede the necessity of a campaign, for 
which the War Department was then preparing. 

The Commissioners received their instructions in April, 
1793, which were full and explicit, and enjoined it on them, 
to use every effort in their power, to obtain a confirmation 
of the treaty of Fort Harmar, made in 1789, and especially 
that part of it which defined the boundaries, and ceded to 
the United States the lands lying east, south and west of a 
line drawn up the Cuyahoga river, from its mouth to the 
portage of the Tuscarawas branch of the Muskingum ; 
thence down that branch to the forks ; thence west, to the 
portage of the Big Miami, called Loramies; thence along 
that portage to the Miami, sometimes called Ome, or Mau- 
mee, and down the same to its mouth; thence along the 
southern shore of Lake Erie, to the beginning. They were 
also instructed to secure to the United States the pre-emp- 
tion right of the entire Indian country, against foreign na- 
tions, as well as individuals. 

In consideration of those concessions, they were in- 
structed to offer the Indians the guarantee of the United 
States, of the right of soil, to all the remaining lands in that 
quarter, and the relinquishment of the places, granted in the 
former treaty, for trading posts; and also, the abandon- 
ment of any military posts which had been established 
without the boundaries named in the treaty. In addition 
to this, they were directed to offer the payment of fifty 



136 BURNET'S NOTES ON THE 

thousand dollars in hand, and an annuity of ten thousand 
dollars, forever. 

Having received those instructions, the Commissioners 
proceeded, without delay, to Niagara, by Albany and Os- 
wego. On their arrival at that place, they were received 
by Lieutenant Governor Simcoe, with much friendship, and 
pressed to take lodgings with him, at Navy Hall, the place 
of his residence, which offer was accepted, with proper 
acknowledgments. On the 30th of May, they wrote to 
Colonel McKee, Superintendent of Indian affairs, advising 
him of their appointment to hold a treaty with the Indians 
at Sandusky, and of their arrival at Niagara, on their way 
to that place. They poHtely requested his aid, and desired 
him to make known to the Indians, that they had arrived, 
and would meet them at Sandusky by the last of June. 
General Chapin, Superintendent of the Six Nations, was 
invited to attend the Commissioners, during the treaty at 
Sandusky, which he agreed to do, and was promised a rea- 
sonable compensation for his time and services. 

On the 7th of June, they addressed a note to Governor 
Simcoe, suggesting the great importance of their mission, 
and the difficulties they apprehended from the existence of 
deep-rooted prejudices, and unfounded reports among the 
Indians, produced by the arts of a few bad men residing 
among them. They assured him of the liberal views and 
feelings of the United States, towards all the Indian tribes 
— that they were prepared to make every concession, that 
the condition of their settlements would permit — and to 
make ample compensation for any concessions made to 
them by the Indians, 

They solicited his influence in counteracting those re- 
ports, and disabusing the minds of the Indians ; and for that 
purpose, requested him to designate some of the British 
officers, to accompany them to Sandusky, and attend the 
treaty. The Governor answered their note with great 



NORTH-WESTERN TERRITORY. 137 

kindness and good feeling, intimating a readiness to aid 
them to the extent of his power and duty. On mentioning 
to him their intention of proceeding to Detroit, for the pur- 
pose of obtaining information, he objected to their going up 
to the town, though they might go to the mouth of Detroit 
river, and oifered to obtain letters for them, from Mr. Baby, 
a member of the Legislative Council, to persons residing 
there, who would furnish such accommodations as they 
might need. 

On that suggestion, they determined to proceed, at once, 
to the place designated, but were detained several days, by 
contrary winds. In the mean time, Colonel Butler, a Bri- 
tish Superintendent of Indian affairs, and Captain Brandt, 
arrived, with about fifty Indians, being a deputation from 
the Nations assembled at the rapids of the Miami, to confer 
with the Commissioners, in presence of the Governor of 
Upper Canada. 

On the 7th of July, Brandt, in the name of the deputies, 
made the following address to Governor Simcoe: — "It 
being agreed at the rapids, that we should come and meet 
the Commissioners, in our father's presence, we return our 
thanks to the Great Spirit, for seeing your excellency well, 
this day. Our intention and business is peaceable, and our 
inclination is to do what is right and just. We are all of 
one mind, and wish your excellency to be present." 

The Governor, in reply, said, he was happy to see them 
well ; and as the Commissioners expressed their wishes to 
meet the Indians in his presence, he should be glad to hear 
what they had to say. A copy of this address and answer, 
was received by the Commissioners, from the Governor, by 
the hand of his private secretary. 

The deputation then met, and gave notice to the Com- 
missioners that they desired to speak with them. The Com- 
missioners attended accordingly, when a Shawanee chief 
called CaVs Eyes, addressed them. He said, they "had been 
sent by the nations of Indians, assembled at the rapids of 



138 BURNET'S NOTES ON THE 

the Miami, to meet the Commissioners of the United States, 
and that it was the will of the chiefs of those nations that 
their father, the Governor of the province, should be pres- 
ent, and hear what they had to say to the Commissioners, 
and what the Commissioners had to say to them." It was 
then agreed that the conference should be held at the Gov- 
ernor's house, the next evening. At the time and place 
appointed, the Governor, the Commissioners, and the depu- 
tation of Indians from the rapids, with a number of civil 
and military officers, assembled. Captain Brandt, with a 
belt and strings of wampum, rose and said: — 

" Brothers! We have met to-day, our brothers, the Bos- 
tonians, and the English." He then proceeded to tell them 
that they did not assemble at the time and place appointed 
for holding the treaty, because there was so much of the 
appearance of war, in that quarter; and requested an ex- 
planation of those warlike appearances. He told them 
they were sent to represent the Indian nations, who owned 
in common, the lands north of the Ohio river, and were all 
of one mind — one heart. He said further, "We have come 
to speak to you, for two reasons ; one, because your war- 
riors being in our neighborhood, have prevented our meet- 
ing at the appointed place ; the other, is to know if you are 
properly authorised to run, and establish a new boundary 
line, between the lands of the United States, and of the 
Indian nations." He said further, that they wished the 
Commissioners to deliberate well on the business, and 
affirmed, that they had spoken their sentiments in sincerity, 
as in the presence of the Great Spirit, from whom, in time 
of danger, they expected assistance. 

The Commissioners answered, that they had attended to 
what had been said, that they would take it into considera- 
tion, and give their answer to-morrow. Captain Brandt re- 
plied, " We thank you for what you have said ; you say you 
will answer our speech to-morrow — We cover up the Coun- 
cil-fire." 



NORTH-WESTERN TERRITORY. 139 

On the next day, the Council being again assembled, 
and the same parties present as before, the Commissioners 
delivered their answer to the speech of Captain Brandt. 
After recapitulating accurately, the speech of the Indians 
on the preceding day, they requested them to listen to the 
answer, in behalf of the United States. In explanation 
of the two objects specially stated in that speech, they 
remarked — that as to the first point, they could not but 
express their extreme regret, that any reports of warlike 
appearances on the part of the United States, on the 
northern side of the Ohio river, should have delayed the 
meeting at Sandusky. They insisted that the nature of the 
case irresistibly forbade all apprehensions of hostile incur- 
sions into the Indian country north of the Ohio, during the 
progress of the treaty at Sandusky. 

They assured them that they were deputed by the great 
Chief, and the great Council of the United States, to treat 
with them in peace ; and that it was impossible for the 
same great Chief, and his great Council, to order their war- 
riors to make fresh war, while their Commissioners were 
sitting around the same Council-fire with their red brothers, 
in order to make peace. That it was impossible for the 
great American Chief, General Washington, and his Coun- 
cil, to act so deceitfully towards their own Commissioners, 
and towards them, their red brothers. They assured the 
deputation, and all others who were then present, that the 
great American Chief had strictly forbidden all hostilities 
against them, till the event of the proposed treaty at San- 
dusky should be known ; and they produced the proclama- 
tion of General Wayne, the head warrior of the Americans, 
to that effect. 

" Our great Chief," said they, " is so sincere in his profes- 
sions in favor of peace, and so desirous of preventing every 
thing which could obstruct the treaty, and prolong the war, 
that besides giving the orders, just exhibited, to his head 
warrior, he has informed the Governors of the States ad- 



14a BURNET'S NOTES ON THE 

joining the Ohio, of the treaty proposed to be held at San- 
dusky, and desired them to unite their power with his, to 
prevent any hostile attempts against the Indians north of 
the Ohio, until the results of the treaty should be made 
known ; and that those Governors had accordingly issued 
their orders, strictly forbidding all such hostilities." They 
then exhibited the proclamations of the Governors of Vir- 
ginia and Pennsylvania, and said further, that after all these 
precautions of the great American Chief, if any hostilities 
should be committed north of the Ohio, they must proceed 
from a few lawless people, whom no considerations of jus- 
tice or public good could restrain ; but they did not believe 
that any such could be found. Having made these expla- 
nations, they expressed a hope that their red brethren 
would possess their minds in peace, relying on the good 
faith of the United States, that no injury was to be appre- 
hended by them, during the treaty. 

As to the second point, whether the Commissioners were 
properly authorised to run and establish a new boundary 
line, they answered explicitly, that they were vested with 
that power; and that the great discussion at the treaty 
would be, where that line should be run ; and added their 
sincere hope and expectation, that it might be fixed to the 
entire satisfaction of both parties. They expressed it as 
their conviction, that some concessions would have to be 
made on both sides; as in all disputes or quarrels, both 
parties usually took some MTong steps ; so that it was only 
by mutual concessions, that a true reconciliation could be 
effected. On that head they expressed a strong wish to be 
clearly understood, as they intended that all their proceed- 
ings should be marked with candor. They repeated their 
former remark, and said explicitly, that some concessions 
would be necessary on their part, as well as on their own, 
in order to establish a just and permanent peace. They 
added, that after the great point of boundary should be 
fully considered, at the treaty, they would know what con- 



NORTH-WESTERN TERRITORY. 141 

cessions and stipulations it would be proper to make, on 
the part of the United States ; which they trusted would be 
such, as the world would pronounce reasonable and just. 

They said further, that as the deputation had told them, 
that they represented the nations who owned the land north 
of the Ohio, whose chiefs were assembled at the rapids of 
the Miami, it would be a satisfaction to be informed of the 
names of those nations, and of the number of the chiefs of 
each, so assembled. They again called the attention of 
the Indians to the representation they had made, of warlike 
appearances in their country ; and in order to give them 
complete satisfaction on that point, they assured them, that 
as soon as the council then sitting should close, they would 
send a messenger on horse-back, to the great chief of the 
United States, desiring him to renew and strongly repeat 
his orders, to his head warrior, not only to abstain from all 
hostilities, but to remain quietly at his post, until the event 
of the treaty should be known. 

This speech of the American Commissioners having been 
interpreted, by different persons, into the language of each 
of the chiefs present; the Shawanee chief again addressed 
the Commissioners, in these words : 

^^ Brothers, the Bostonians, attend! We have heard your 
words. Our fathers, the English people, have also heard 
them. We thank the Great Spirit that you and we have 
been preserved in peace, and that we bring our pipes to- 
gether. The people of all the different nations here, salute 
you. They rejoice to hear yom* words. It gives us great 
satisfaction that our fathers, the English, have heard them 
also. We shall, for the present, take our pipes and return 
to our encampment, where we shall deliberately consider 
your speech, and return you an answer to-morrow." 

On the next day the council met, present as yesterday. 
Captain Brandt rose with the belt and strings of wampum, 
yesterday delivered by the Commissioners, and addressing 
himself to the English and Americans, said : 



J42 BURNET'S NOTES ON THE 

"We are glad the Great Spirit has preserved us in 
peace, to meet together to-day." ^^ Brothers of the United 
States: yesterday you made an answer to the message de- 
livered you by us, from the great council at Miami, in the 
two particulars which we had stated to you. You may 
depend on it, we fully understood your speech. We shall 
take with us your belt and strings, and repeat it to the 
chiefs at the great council at the Miami." [He then laid 
down the strings and belt, and took up a white belt and 
proceeded.] 

'■^Brothers! We have something more to say to you, 
though not much. We are small, compared with our great 
chiefs, at the Miami; but though small, we have some- 
thing to say. We think, from your speech, there is a pros- 
pect of coming together. We, who are the nations at the 
West, are of one mind; and if we agree with you, as there 
is a prospect that we shall, it will be binding and lasting. 
Our prospects are the fairer, because our minds are one. 
You have not heretofore spoken to us unitedly. Formerly, 
because you did not speak to us unitedly, what was done 
was not binding. Now you have an opportunity of speak- 
ing to us together ; and we now take you by the hand, to 
lead you to the place appointed for the meeting." [A 
white belt of seven rows.] 

^^ Brothers ! This is all we have to say." 

Afterwards, Captain Brandt, recollecting that he had 
not answered the Commissioners, respecting the nations 
and chiefs assembled at the Miami, rose and said : " One 
thing more we have to say — Yesterday you expressed a 
wish to be informed of the names of the nations, and num- 
ber of chiefs assembled at the Miami; but as they were 
daily coming, we cannot give you exact information ; — you 
will see for yourselves in a few days. When we left it, 
the following nations were there, to wit : — Five Nations, 
Wyandotts, Shawanees, Delawares, Munsees, Miamies, 
Ottawas, Chippewas, Potawatamies, Mingoes, Cherokees, 



NORTH-WESTERN TERRITORY. 143 

and Nan-ti-ko-kees, The principal men of all these na- 
tions were there." 

The Commissioners then replied, " Brothers ! Our ears 
have been open to your speech. It is agreeable to us. 
We are ready to accompany you to the place of treaty, 
where, under the direction of the Great Spirit, we hope for 
a speedy termination to the present war, on terms equally 
interesting and agreeable to all parties." 

On the 10th of July, the Commissioners Avrote to the Sec- 
retary of War, advising him of their promise to the In- 
dians, to request that fresh orders might be sent to Gen- 
eral Wayne, not only to abstain from hostilities, but to 
remain quietly at his post; and expressing their own opin- 
ion in favor of the measure; as being indispensably neces- 
sary to the success of the treaty. The Indians had been 
informed by their scouts, who were constantly on the alert, 
that General Wayne had cut and cleared a road from Fort 
Washington into the Indian country, passing Fort Jeffer- 
son, and extending six miles beyond it; — that large quanti- 
ties of provision were accumulated at the forts, and that 
large droves of horses and cattle were collected and guard- 
ed by considerable bodies of troops. With such prepara- 
tions for war in their neighborhood, they said it was im- 
possible for their minds to be at rest. 

It is important, said the Commissioners, to consider the 
manner in which negotiations are carried on, and treaties 
formed by the Indians. Such business is not managed as 
it is with us, by a few Commissioners or Chiefs, but the 
body of the nation assemble and take part in the transac- 
tions. Hence it was, that such negotiations were delayed 
or interrupted, if the movements of an enemy called the 
warriors from the council, to watch or check them. These 
reports, they believed, were greatly exaggerated; but there 
was enough of truth in them, to create alarm in the suspi- 
cious minds of Indians. Many of them feared, and some 
believed, that the treaty was intended as a decoy ; and that 



144 BURNET'S NOTES ON THE 

measures were on foot, to strike a fatal blow, as soon as 
their tribes should be assembled at Sandusky. 

It was easy, without violating the truth, to contradict 
those reports, as was done by the Commissioners, in the 
most positive manner; but it was not so easy to convince 
the minds of the savages, or quiet their fears ; hence the 
earnestness Mith which they pressed their recommendation 
on the attention of the government. 

On the next day, the Commissioners left Niagara, and on 
the day after, arrived at Fort Erie. The wind being favor- 
able, they set sail for the mouth of Detroit river, where 
they arrived on the morning of the 21st, and took quarters 
at Captain Elliott's, who was an assistant to Colonel Mc- 
Kee. On the same day, they addressed a note to the Col- 
onel, informing him of their arrival at that place, where 
they proposed to remain, till advised that the Indians at 
the rapids of the Miami, were ready to remove to San- 
dusky. They also very politely solicited his endeavors, to 
expedite the councils of the Indians, and to inform them 
(the Commissioners) when they might expect the Indian 
nations would be at Sandusky ; so that they might regulate 
their movements accordingly. In a few days thereafter. 
Captain Elliott arrived at the mouth of the Detroit river, 
with a deputation of twenty Indians, from the nations as- 
sembled at the foot of the rapids ; and on the following day, 
the Commissioners met them in council. 

A Wyandot chief, after some complimentary, unmeaning 
remarks, interpreted by Simon Girty, a renegade American 
from the neighborhood of Pittsburgh, delivered to the Com- 
missioners a paper, which, he said, contained the determi- 
nation of the Indians. The substance of the communica- 
tion was to this effect : that they insisted on the treaty of 
Fort Stanwix, which established the Ohio river as the 
boundary between them and the white people ; and that if 
the United States seriously wished to make a firm and 
lasting peace, they would immediately remove all their 



NORTH-WESTERN TERRITORY. I45 

people from the upper side of that river, which the Indians 
claimed as their own. This paper was signed by the Wy- 
andots, Delawares, Shawanees, Miamies, Mingoes, Potta- 
watamies, Ottawas, Connoys, Chippewas and Munsees. 

In the evening of the same day, the Commissioners deliv- 
ered their answer to the Indian deputation, in which they 
very concisely recapitulated the substance of what had oc- 
curred, in their different interviews with the representa- 
tives of the Indian nations ; and exhibited the inconsistency 
between their former conversations, and the grounds they 
had then taken ; and again urged the necessity of mutual 
concessions ; and once more repeated the offer of the Uni- 
ted States to act on that principle. They stated their rea- 
sons for wishing to meet all the Indians in council, face to 
face. They insisted, that the concessions which ought to 
be made on either side, and also the fixing of the boundary 
line, between the United States and their red brothers, 
were proper subjects for discussion at the treaty, when 
they would speak face to face. They also complained, that 
the course adopted by the nations at the Rapids, kept the 
parties at a distance from each other, and cherished those 
jealousies and suspicions, which were the greatest obsta- 
cles to a peace ; and that they were, on that account, desi- 
rous of meeting the Indian nations in full council, wdthout 
more delay. 

They admitted, that by the first treaty made at Fort 
Stanwix, in 1768, the Ohio was made the boundary, but 
reminded them, that, when the United States became an 
independent nation, the British King established the chain 
of the great Lakes, as the boundary. They also called 
the attention of the deputation to the second treaty of Fort 
Stanwix, made in 1784; and to the treaty of Fort Harmar, 
in 1789, by which the United States purchased large tracts 
of land from the Indians, north of the Ohio, which had been 
sold to white people who had settled and improved them — 
that these settlements were very numerous — that they had 
10 



146 BURNET'S NOTES ON THE 

been expensive, and could not be given up, on any terms 
whatever. They then told the deputies in direct and posi- 
tive terms, that, for the reasons stated, it was impossible to I 
make the river the boundary between their people and the 
citizens of the United States. 

The Commissioners then appealed to the understanding 
and good sense of the deputies, to determine, whether, 
under the circumstances stated, it were possible to make 
the Ohio the boundary ; and whether it was not necessary, 
in order to obtain a permanent peace, that both they and 
the United States should make concessions. They again 
desired the deputation to hear them patiently. The busi- 
ness, they said, was of the highest importance, and required 
a great many words to be understood. They further 
stated, that in their opinion, the concession necessary to be 
made, on the part of the Indians, was, to relinquish a part 
of the lands north of the Ohio — that the United States 
wished to have confirmed to them, all the lands ceded by 
the treaty of Fort Harmar, and also a small tract near the 
Falls, for the use of General Clark and his warriors ; in 
consideration of which, the United States would give the 
largest sum, in money or goods, that was ever given, at 
one time, for any quantity of Indian lands, since the white 
people first set their foot on this island. They told them 
further, that, inasmuch as those lands furnished them every 
year, with skins and furs, with which they bought clothing, 
and other necessaries; the United States would furnish 
them with the same description of supplies; and in addi- 
tion to the great sum to be advanced at once, they would 
every year deliver to them large quantities of such goods, 
as were most necessary for them, and their women and 
children. They said further, that if the Indians could not 
give up all the lands mentioned before, then they would 
desire to treat and agree on a new boundary line ; and for 
the land ceded by such new line, the United States would 
pay them a large compensation. 



NORTH-WESTERN TERRITORY. 



147 



This, said the Commissioners, is one concession offered 
by the United States; — now listen to another, on a subject 
which has probably disturbed your minds more than any 
other whatever. The United States formerly set up a claim 
to all the country south of the great Lakes, on the ground 
that it was given to them by the treaty of peace, with your 
father, the King of Great Britain, who declared the middle 
of those Lakes to be the boundary of the United States ; 
but, they added, "we are determined to be open and sin- 
cere, and therefore frankly tell you, we think an erroneous 
construction has been put on that part of the treaty with 
the King — that he only intended to transfer the right of 
pre-emption, or the exclusive right of purchasing the title 
of the Indians, which he then held; and your great father 
having conveyed that right to the United States, they 
alone have now the power of purchasing from you, his 
children." They added, " All your brothers, the English, 
know this to be true, and it agrees with what your father. 
Lord Dorchester, told you at Quebec, two years ago." 
"Now," said they, "we concede this great point. By the 
express authority of the President of the United States, we 
acknowledge the property or right of soil to the great coun- 
try above described, to be in the Indian nations, as long 
as they desire to occupy it. We claim only the tracts be- 
fore particularly mentioned, and the right of pre-emption 
granted by the King as before explained." 

In conclusion, they said, ^^ Brothers! We have now 
opened our hearts to you. We are happy in having an 
opportunity of doing it, though we had rather have done 
it in the full council of your nations. We hope soon to 
have an opportunity of doing this; and that your next 
deputation will take us by the hand, and lead us to the 
treaty. When we meet, and converse freely, we can 
easily remove any difficulty which may come in the way 
of peace." 

The Commissioners then handed the speech with a 



148 BURNET'S NOTES ON THE 

white belt, crossed \vith thirteen rows of black wampum, 
to the Indian deputation, who promised to make a reply 
in the morning. 

The next day, August the 1st, the council met, when the 
Wyandot Chief spoke as follows : 

" Brothers! We heard you speak yesterday. We under- 
stand you well. You mentioned the treaty of Fort Stan- 
wix, and other treaties; those treaties were not complete; 
there were but a few chiefs who treated with you. You have 
not bought our land. You tried to draw some of us off. 
Many years ago, the Ohio was made the boundary. That 
was settled by Sir William Johnston. You mentioned 
General Washington, — ^he and you know, that you have 
your houses and people on our land. You say you cannot 
move them off. We say, we cannot give up our land. 
We are sorry we cannot come to an agreement. The line 
has been fixed long ago. — Brothers! We don't say much. 
There has been much mischief on both sides. We came 
here upon peace, and thought you did the same. We shall 
talk to our head warriors. You may return whence you 
came, and tell Washington." 

The Council then breaking up. Captain Elliot went to 
the Shawanee Chief, and told him that the last part of the 
speech of the Wyandot Chief was wrong. The Wyandot 
Chief then came back, and admitted that it was wrong. 
After some explanations, Girty said to the Commissioners : 

" Brothers ! Instead of going home, we wish you to re- 
main here for an answer from us. We have your speech, 
and shall consult our head warriors." The Commissioners 
consented to remain, but desired their answer might be 
given without delay. 

Some days after, letters were received from Captain 
Hendrick, chief of the Mohicans, giving information of the 
proceedings of the Indians at the Rapids, and stating, that 
the nations were all for peace, except the Shawanees, Wy- 
andots, Miamies, and Delawares. Reports were after- 



NORTH-WESTERN TERRITORY. 149 

wards received, that those nations, also, had yielded to the 
majority, and that peace might be expected. These re- 
ports, however, proved to be unfounded. After waiting 
nearly two weeks, without any official information, they 
proposed to proceed to the Rapids, and make their appeal 
to the assembled nations in person ; but were told they 
could not be permittted to go to the Maumee Bay, till Colo- 
nel McKee should give them notice, that the Indians were 
ready to receive them. 

After waiting a few days longer, the Commissioners 
received the final answer of the Indians, in which they 
recapitulated the speech delivered to them by the Commis- 
sioners, on the 31st of July, at the mouth of Detroit river, 
and then proceeded to say, in substance, that a general 
council of all the Indian Confederacy, was held in the fall 
of 1788, at the same place in which they were then assem- 
bled, — that they were then invited by Governor St. Clair to 
meet him, for the purpose of holding a treaty respecting 
the lands claimed to have been granted to the United 
States, by the treaties of Fort Stanwix and Fort Mcintosh, 
— that the Commissioner of the United States was then 
informed, that no bargain, or sale, of any part of those lands 
would be considered as valid, or binding on the Indians, un- 
less agreed to by a General Council, — that, notwithstanding 
this, the Commissioner persisted in collecting a few Chiefs 
of two or three nations only, and with them, held a treaty 
for the cession of an immense country, in which they were 
no more interested, than as a branch of the General Con- 
federacy, — and, that they were in no manner authorised to 
make any grant or concession whatever. 

They also said, that it was impossible for the United 
States to enjoy peace, or quietly hold those lands, when 
their Commissioner was informed, long before he held the 
treaty of Fort Harmar, that the consent of a General Coun- 
cil was absolutely necessary, to convey any part of them to 
the United States, — that the parts which had been sold by 



150 BURNET'S NOTES ON THE 

the United States, and settled by their people, were sold 
subsequent to the notice above stated. 

In regard to the large sum of money, and the annuity 
offered by the Commissioners, they remarked, that money 
to them, was of no value, and to most of them, was un- 
known ; and as no consideration whatever, could induce 
them to sell the land on which they depended for a subsis- 
tence for their women and children, they hoped they might 
be allowed to point out to the Commissioners a mode by 
which their settlers on those lands might be easily removed, 
and peace be thereby obtained. Presuming that those 
settlers were poor, from the fact, that they had ventured 
to live in a country which had been in constant trouble 
since they crossed the Ohio, they proposed to divide the 
large sum of money which had been offered to the Indians, 
among them ; and also, to give each a portion of the pro- 
mised annuity, which they believed, the settlers would rea- 
dily accept, in lieu of the land. They said further, that if, 
in addition to this, the United States would give to those 
settlers, the great sums which must be expended in raising 
and paying armies, to drive the Indians from their country, 
they would certainly have more than sufficient to repay them 
for all their labor and improvements. They said further, 
that the Commissioners had talked about concessions, but 
it appeared strange, they should expect any from the Indi- 
ans, who had been only defending their just rights against 
invasion. — "We want peace," said they, " restore to us our 
country, and we shall be enemies no longer." 

" You make one concession, by offering us money, and 
another, by agreeing to do us justice, after having long 
and injuriously withheld it. 

" We maintain that the king of England never did, and 
that he never had a right to give you our country, by the 
treaty of peace. Because you have at last acknowledged 
our independence, you want to make that act of common 
justice, a ground for surrendering to you our country. You 



NORTH-WESTERN TERRITORY. 151 

have talked also a great deal about pre-emption, and your 
exclusive right to purchase our lands, ceded to you, as you 
say, by the king, at the treaty of peace. We never made 
any agreement with the king to that effect, and we declare 
ourselves free to make any bargain or cession of lands 
whenever, and to whomsoever we please." They said fur- 
ther, that at their general council at the Glaise, last fall, 
they agreed to meet Commissioners from the United States, 
provided they consented to acknowledge and confirm the 
Ohio to be the boundary line, and on no other condition. 
They affirmed, that their only demand was the peaceable 
possession of the small part of their once great country, 
which remained to them. They entreated the Commis- 
sioners to look back updn the lands, from which they had 
been driven. They alledged that they could retreat no 
farther; because the country behind, hardly afforded food 
for its present inhabitants; and that they had therefore 
resolved to leave their bones, in the small space to which 
they were then confined. 

In conclusion, they said : " Brothers ! We shall be per- 
suaded that you mean to do us justice, if you agree that 
the Ohio shall remain the boundary line between us. If 
you will not consent to that, our meeting will be altogether 
unnecessary. This is the great point, which we hoped 
would have been explained before you left your homes, as 
our message, last fall, was principally directed to that sub- 
ject." 

This communication was signed by the Wyandots, Seven 
Nations of Canada, Delawares, Shawanees, Miamies, Otta- 
was, Chippewas, Senecas of the Glaise, Pottawatamies, 
Connoys, Munsees, Nantikokees, Mohicans, Creeks, and 
Cherokees. 

The Commissioners immediately dispatched the follow- 
ing reply, to the chiefs and warriors of the Indian nations, 
assembled at the foot of the Miami rapids : 



152 BURNET'S NOTES ON THE 

^^ Brothers! We have just received your answer to our 
speech of the 31st of last month. You say it was interpret- 
ed to all your nations, and we presume it was fully under- 
stood. We therein explicitly declared, that it was impos- 
sible to make the Ohio river the boundary, between your 
lands and the lands of the United States. Your answer 
amounts to a declaration, that you will agree to no other 
boundary than the Ohio. The negotiation is therefore at 
an end." 

^^ Brothers! We sincerely regret that peace is not the re- 
sult, but knowing the liberal and upright views of the United 
States, which, as far as you gave us an opportunity, we 
have explained to you; we trust that impartial judges AJvill 
not attribute the continuance of the war to us, or our country." 

On the next morning, the Commissioners sent informa- 
tion, by their own runners, to the chiefs of the Six Nations, 
of what had been done, expressing their regret at the fail- 
ure of the negotiation, and fm-nishing them with copies of 
the proceedings, which they might not otherwise obtain. 
They assured the Six Nations, that they came with the most 
sincere desire to make a peace, that would be beneficial to 
both parties ; and that, if such a peace had been established, 
not only the justice and humanity of the United States, 
would have been continued to the tribes, but their benefi- 
cence would have been extended to them ; and peace would 
have been rendered as lasting as the hills. But having 
failed in this object, they should return home, and report 
their proceedings to the President. 

Thus ended in disappointment, a tedious negotiation of 
three months, conducted on the part of the United States, 
with great prudence and talent. Only a few days before 
its termination, the reports from the great council, at the 
foot of the Rapids, authorised the expectation of a success- 
ful result. 

From a review of the whole affair, it is manifest, that the 



NORTH-WESTERN TERRITORY. 15g 

grounds taken by the American Commissioners, in regard 
to the obligatory character of the treaties between the Uni- 
ted States and the Indians, from the second, negotiated at 
Fort Stanwix, in 1784, to that of Fort Harmar, in 1789, were 
sound and unanswerable. From the same examination, it 
will also be evident, that a treaty, satisfactory to both par- 
ties, would have been made, but for the influence, steadily 
and successfully exerted on the minds of the savages, by 
the agents of the British government; and it will also ap- 
pear, that every tribe represented in the great council, ex- 
cept the Wyandots, Shawanees, Delawares, and Miamies, 
were willing, and most of them anxious to make a treaty, 
and put an end to the war. 

On the 23d of August the Commissioners arrived at Fort 
Erie, on their way home ; from whence they wrote to Major 
Craig, Deputy Quartermaster, at Pittsburgh, enclosing let- 
ters for General Wayne, which they directed to be conveyed 
to him with the utmost speed, and that no expense should 
be spared to effect it. 

To guard against disappointment, copies of those letters 
were multiplied, and sent by four or five different convey- 
ances. Their chief object was to advise the Commander- 
in-chief of the failure of the treaty — to put him on his 
guard — to let him know that the embargo laid on his move- 
ments was taken off, and that he was then at liberty to re- 
new hostilities against the Indians, without delay. One of 
them, written at Fort Erie, on the 23rd of August, closed 
with the following remark : — " Although we did not effect 
a peace, yet we hope that good may hereafter arise from 
the mission. The tranquillity of the country, northwest of 
the Ohio, during the continuance of the treaty, evinced 
your care of our safety, and we cannot leave this quarter, 
without returning you our unfeigned thanks." 

The Commissioners, on their way from the mouth of the 
Detroit river, wrote to the Secretary of War, giving him a 



154 BURNET'S NOTES. 

detailed account of the progress and close of the negotia- 
tion, and informing him of the means taken to communi- 
cate to General Wayne, and the different agents of the 
government in the western country, the failure of the treaty, 
and the course they had pursued to conciliate the Six Na- 
tions, who were openly and decidedly in favor of the United 
States, and who exerted all their influence in the grand 
council, to induce them to make peace. 



CHAPTER VII. ' 

Condition of the Western Army in 1793. — Encampment at Hobson's Choice. 
— Discipline of the army. — Order of march. — Fortifications at Greenville. 
— Indians attack Fort Recovery. — Repulsed with very heavy loss. — Proofs 
of British influence over the Indians. — Lieutenant Lowery attacked. — De- 
feated. — Killed. 

All prospects of peace being now at an end, the atten- 
tion of the War Department was directed to the completion 
of the army; which was to consist of five thousand one 
hundred and twenty, rank and file, and to the arrange- 
ments necessary to sustain it. In answer to a call, for a 
statement of the number of non-commissioned officers and 
privates, then in service, General Knox reported, that ex- 
clusive of the small detachments at West Point, and in 
the South, which were not considered as belonging to, the 
Western army, there were, on paper, three thousand five 
hundred and ninety-four — showing a deficiency of fifteen 
hundred and twenty-six. 

That report was accompanied by a statement from Gen- 
eral Wayne, made in October, from which it appeared that 
the entire force for the expedition, independent of those re- 
ported sick, and in garrison, and including ten hundred and 
twenty-nine mounted volunteers, to be raised by General 
Scott, but not yet in camp, amounted to three thousand six 
hundred and twenty-nine. There was, of course, at that 
time, a deficiency, of fourteen hundred and ninety-one. In 
addition to this, the influenza was prevailing with great se- 
verity, in all parts of the country, by which a large propor- 



156 BURNET'S NOTES ON THE 

tion of the men in camp, were retm-ned on the sick list, as 
unfit for duty. At the same time General Wilkinson was 
lying dangerously ill, at Fort Jefferson, with the same 
disease. 

General Wayne, having been authorised by the War De- 
partment, to resort to any lawful expedient to bring forward 
the mounted volunteers from Kentucky, after a pressing 
correspondence on that subject with Governor Shelby and 
General Scott, and after the season was far advanced, pro- 
ceeded to order a draft from the militia of that State, as a 
dernier resort; remarking at the same time, that he had but 
little hope of its success. It was his opinion, that the safety 
of the out-posts and the settlements required him to ad- 
vance at the earliest moment possible, to guard them 
against the host of savages, who were congregated at the 
Rapids, and were then at liberty to commence hostilities. 

The communications from the Commissioners, in the early 
part of their intercourse with the Indians, had created a 
general expectation that peace would be the result of their 
labors ; and, as a consequence of that impression, the efforts 
to complete the military establishment, were entirely sus- 
pended ; so that when the time for action came, neither the 
recruits to fill the regular regiments, nor the volunteers 
called for by the President, from Kentucky, were ready to 
join the army. In addition to this, the sickness which had 
prevailed during the summer, reduced the effective force in 
camp to two thousand six hundred, officers included. Such, 
however, was the exposed condition of the frontiers, that 
the General, after deliberately weighing the consequences, 
wrote to the Secretary of War, that something must be 
done, immediately, to save them from the impending fury 
of the savages, and that he would therefore advance with 
the force he then had, in order to gain a strong position 
in front of Fort Jefferson, so as to keep the enemy in 
check, Jay exciting apprehensions for the safety of their 
women and children, and wait there, until a favorable 



I 



NORTH-WESTERN TERRITORY. 157 

opportunity might present itself, to strike a blow with 
effect. 

It was his opinion, that the apparent tranquillity on the 
frontier, and elsewhere, was temporary, and indicated that 
the enemy were collecting in force, to oppose the legion on 
its march, and attack it in some position, unfavorable for 
the action of cavalry ; yet he expressed entire confidence in 
his ability to sustain himself, and keep the enemy in check, 
if nothing more, till his troops should be collected; which 
he hoped would be in time, to give the haughty savage a 
blow, that would compel him to sue for peace, before the 
next opening of the leaves. 

If he should be disappointed in the arrival of his forces, 
as he expected to be, he assured the Secretary, that he 
would not commit the legion, so as to endanger its safety, 
or put at hazard the honor and reputation of the govern- 
ment; and that, unless more powerfully supported than he 
then was, he would content himself with taking a strong 
position, in advance of Fort Jefferson ; where he might pro- 
tect the frontiers, secure the out-posts, and improve the dis- 
cipHne of his army, during the winter. It was a matter of 
regret, that at so interesting a period, when so much was 
at stake, the army had not been completed, according to 
the original plan of the government. But it will be re- 
membered, that during the tedious negotiation with the In- 
dians, which continued between three and four months, the 
American officers and agents were strictly prohibited from 
maldng any movement of a military character. 

When that prohibitory order was received, in the spring 
of 1793, General Wayne was at Legionville, with a portion 
of his troops, where he continued in a state of inactivity, 
during the season. When the order was revoked, after the 
failure of the negotiation, about the 1st of September, he 
repaired to Fort Washington, and encamped with his 
troops on the bank of the Ohio, between the village of 
Cincinnati and Mill creek. To that encampment, he gave 



158 BURNET'S NOTES ON THE 

the name of "Hobson's Choice," it being the only place in 
that vicinity, suited for the object intended. During the 
time they remained in that encampment, waiting for rein- 
forcements, they were constantly and laboriously engaged 
in military exercises and movements, particularly those 
which had been adopted, as best suited to the nature of the 
service, in which they were employed. 

The country through which they had to march, was a 
dense wilderness, containing ravines, thickets, morasses, 
water courses, etc.; at any of which, the whole force of the 
Indians might be made to operate, at once, on the legion, 
without warning. The General foresaw this ; and that the 
obstructions to be encountered, and the character of the 
enemy with whom he had to contend, made it hazardous 
to pursue the customary modes of marching through culti- 
vated, civilized, countries. 

The subject had therefore occupied his mind, when first 
he received his appointment ; and before he left Philadel- 
phia, he conversed on it freely with the President, who had 
more experience in the mode of Indian warfare, and under- 
stood it better, than any other officer living. With the 
information derived from that high source. General Wayne 
formed a plan for conducting his marches, and constructing 
his encampments, in the Indian country, well calculated to 
guard against surprise, and enable him, in case of a sudden 
attack, to form his line of battle without confusion, and in 
the shortest time possible. 

In addition to the videttes, usual in military movements, 
a strong guard preceded the army, which followed in 
parallel lines, at such distances, and so arranged, that the 
line might be quickly formed, by a single manoeuvre. 
General Harrison, in his subsequent successful campaigns, 
in the Indian country, adopted the same plan, with great 
success, having seen its operation in the army of General 
Wayne. 

In accordance with the determination before expressed. 



NORTH-WESTERN TERRITORY. 159 

the General took up his line of march for the frontier, on 
the 7th of October, and on the 13th of the same month, 
arrived at a fork of the south west branch of the Miami, 
now called Stillwater, six miles in advance of Fort Jeffer- 
son, in perfect order and without an accident. Finding 
that he could not proceed further, for want of provisions, 
he determined to halt, and encamp with his army at that 
point, which was at an intermediate distance between Fort 
Jefferson and the fatal battle-ground of 1791. 

In his letters to the War Department, he repeated his 
conviction, that the safety of the western frontier — the 
reputation of the legion — and the dignity of the nation — 
forbade a retrograde movement, or the giving up of an inch 
of ground then possessed, till the Indians should be com- 
pelled to sue for peace. He informed the Secretary, that 
the greatest difficulty, under which he then labored, was 
the want of a sufficient force, occasioned by the non-arrival 
of the mounted volunteers, to enable him to furnish escorts, 
to secure the convoys of provisions and other supplies, 
from insult and disaster; and at the same time, to retain 
a sufficient force in camp, to sustain it against the attacks 
of the enemy, who appeared to be numerous, determined, 
and desperate. 

In the same dispatch, he advised the Secretary, that 
Lieutenant Lowery, of the 2d sub-legion, and Ensign Boyd, 
of the 1st, with a command of ninety non-commissioned 
officers and privates, having in charge twenty wagons 
loaded with grain, belonging to the Quartermaster Gen- 
eral's department, and one, belonging to the Contractor, 
loaded with military stores, were attacked on the morning 
of the 17th of October, near Fort St. Clair, by a very supe- 
rior number of the enemy ; and that those gallant young 
officers, together with thirteen non-commissioned officers 
and privates, who had been abandoned by the greater part 
of the escort, on the first fire, were killed after an obsti- 
nate resistance. 



160 BURNET'S NOTES ON THE 

On that occasion, the savages took about seventy pack- 
horses, leaving the w^agons and stores standing in the road, 
which were afterwards brought into camp with the loss 
only of a few trifling articles. It appears from the Execu- 
tive Jom-nal of the Senate, that Lieutenant John Lowery, 
who commanded this detachment, was from the State of 
New Jersey — that he had served with reputation in the 
levies of 1791, under General St. Clair, and was, of course, 
in the desperate battle of November 4th. It also appears 
that, in consequence of his good behavior, on that cam- 
paign, he received his commission in the regular army. 

The General, admonished by that disaster, immediately 
dispatched a company of light infantry, and a troop of 
dragoons, to reinforce a detachment consisting of four com- 
panies of infantry, which had been sent out under the 
command of Colonel Hamtramck, as an escort to the wag- 
ons and pack-horses of the Quartermaster General, and the 
contractor. Soon after this movement, information was 
received at head quarters, that the Indians at Au-Glaise 
had sent their women and children into places of safety, 
and that the warriors were collecting in great force. It 
was understood, however, that they could not continue em- 
bodied long, for the want of provisions. 

In communicating that intelligence, the General advised 
the War Department, that he had then in camp, seventy 
thousand rations, and expected a hundred and twenty 
thousand more, by the return of the escort under the com- 
mand of Colonel Hamtramck. As yet. General Wilkinson 
had not been able to resume his command in the army, by 
reason of his severe indisposition ; and a large number of 
the men reported on the sick list, continued unable to per- 
form military duty. 

The site, selected by General Wayne, for his winter 
quarters, was a beautiful high plain, lying on one of the 
small streams which form the Stillwater-branch of the Big 
Miami river. The encampment was called Greenville, and 



NORTH-WESTERN TERRITORY. 161 

gave name to the creek on which it was built. It M^as 
spacious, and the buildings, though constructed of logs, 
were very commodious and comfortable, and it was so 
strongly fortified, as to defy any assault that could be made 
on it by the enemy. 

When this work was finished, all fears for the safety of 
the army were dismissed, and the General again applied 
himself, with great assiduity, to instruct and improve his 
troops in military tactics. It does not appear that any serious 
effort was made to molest this encampment, or the separate 
garrisons in its vicinity, after the affair of October, 1793. 
But on the 30th of June following, a very severe and bloody 
battle was fought under the walls of Fort Recovery, be- 
tween a detachment of American troops, consisting of 
ninety riflemen and fifty dragoons, commanded by Major 
McMahon, and a very numerous body of Indians and Bri- 
tish, who at the same instant, rushed on the detachment, 
and assailed the Fort on every side, with great fury. They 
were repulsed, with a heavy loss, but again rallied and re- 
newed the attack, keeping up a heavy and constant fire 
during the whole day, which was returned with spirit and 
effect, by the garrison. 

The succeeding night was foggy and dark, and gave the 
Indians an opportunity of carrying off their dead, by torch- 
light, which occasionally drew a fire from the garrison. 
They, however, succeeded so well, that there were but 
eight or ten bodies left on the ground, which were too near 
the garrison to be approached. On the next morning, 
McMahon's detachment having entered the Fort, the enemy 
renewed the attack, and continued it with great despera- 
tion during the day, but were ultimately compelled to re- 
treat from the same field, on which they had been proudly 
victorious on the 4th November, 1791. 

The expectation of the assailants must have been to 
surprise the post, and carry it by storm, for they could not 
possibly have received intelligence of the movement of the 
11 



162 BURNET'S NOTES ON THE 

escort, under Major McMahon, which only marched from 
Greenville, on the morning preceding, and on the same 
evening, deposited in Fort Recovery, the supplies it had 
convoyed. That occurrence could not, therefore, have led 
to the movement of the savages. 

Judging from the extent of their encampment, and their 
line of march, in seventeen columns, forming a wide and 
extended front, and from other circumstances, it was be- 
lieved, their numbers could not have been less than from 
fifteen hundred to two thousand warriors. It was also be- 
lieved, that they were in want of provisions, as they had 
killed and eaten, a number of pack-horses in their encamp- 
ment, the evening after the assault, and also, at their en- 
campment on their return, seven miles from Recovery, 
where they remained two nights, having been much en- 
cumbered with their dead and wounded. 

From the official return of Major Mills, Adjutant General 
of the army, it appears that twenty-two officers and non- 
commissioned officers were killed, and thirty wounded. 
Among the former, were Major McMahon, Captain Harts- 
horn, and Lieutenant Craig; and among the wounded, 
Captain Taylor of the dragoons, and Lieutenant Drake, of 
the legion. Captain Gibson, who commanded the Fort, 
behaved with great gallantry, and received the thanks of 
the Commander-in-chief, as did every officer and soldier of 
the garrison, and the escort, who were engaged in that 
most gallant and successful defence. 

Immediately after the enemy had retreated, it was ascer- 
tained, that their loss had been very heavy, but the full 
extent of it was not known till it was disclosed at the 
treaty of Greenville. References were made to that battle, 
by several of the chiefs in council, from which it was man- 
ifest, that they had not, even then, ceased to mourn the 
distressing losses sustained on that occasion. Having 
made the attack with a determination to carry the Fort, or 
perish in the attempt, they exposed their persons in an 



NORTH-WESTERN TERRITORY. 163 

unusual degree, and of course, a large number of the 
bravest of their chiefs and warriors, perished before they 
abandoned the enterprise. 

From the facts afterwards communicated to the General, 
it was satisfactorily ascertained that there were a consid- 
erable number of British soldiers and Detroit militia en- 
gaged with the savages, on that occasion. A few days 
previous to that affair, the General had sent out three small 
parties of Chickasaw and Choctaw Indians, to take prison- 
ers, for the purpose of obtaining information. One of those 
parties returned to Greenville on the 28th, and reported, 
that they had fallen in with a large body of Indians, at 
Girty's town, (crossing of the St. Mary's,) on the evening 
of the 27th of June, apparently bending their course to- 
wards Chillicothe, on the Miami; and that there were a 
great many white men with them. The other two parties, 
followed the trail of the hostile Indians, and were in sight, 
when the assault on the post commenced. They affirmed, 
one and all, that there were a large number of armed white 
men, with painted faces, whom they frequently heard con- 
versing in English, and encouraging the Indians to perse- 
vere ; and that there were also three British officers, dressed 
in scarlet, who appeared to be men of distinction, from the 
great attention and respect which was paid to them. These 
persons kept at a distance, in the rear of the assailants. 
Another strong corroborating proof, that there were British 
soldiers and militia in the assault, is, that a number of 
ounce-balls and buck-shot were found lodged in the block- 
houses and stockades of the fort; and that others were 
picked up on the ground, fired at such a distance as not to 
have momentum sufficient to enter the logs. 

It was supposed that the British engaged in the attack, 
expected to find the artillery that was lost on the fatal 4th 
of November, which had been hid in the ground and cover- 
ed with logs, by the Indians, in the vicinity of the battle- 
field. This inference was supported by the fact, that dur- 



164 BURNET'S NOTES ON THE 

ing the conflict, they were seen turning over logs, and ex- 
amining different places, in the neighborhood, as if search- 
ing for something. There were many reasons for believing, 
that they depended on that artillery, to aid in the reduction 
of the fort; but fortunately, most of it had been previously 
found by its legitimate owners, and was then employed in 
its defence. 

James Neill, a pack-horse man in the American service, 
who was taken prisoner by the Indians, during the attack, 
and tied to a stump, about half a mile from the fort, after 
his return, stated to the General, that the enemy lost a 
great number in killed and wounded ; that while he was at 
the stump, he saw about twenty of their dead, and a great 
many wounded, carried off. He understood there were 
fifteen hundred Indians and white men, in the attack ; and 
on their return to the Miami, the Indians stated, that no 
men ever fought better than they did at Recovery; and 
that their party lost twice as many men in that attack, as 
they did at St. Clair's defeat. 

Soon after the battle, two Pottawattamies, captured north 
of the Miami of the Lake, and two Shawanees, taken 
twenty miles above the mouth of the Grand Glaise, were 
brought into camp and examined; from whose statements 
it appeared most evidently, that the British had been using 
every possible exertion, to collect the warriors of distant 
nations, by the most solemn promises, that they would, 
march and co-operate with them, against the American*] 
army. The disclosures made by those prisoners, produced 
a belief, that the Spaniards had also been tampering with 
the savages, to the prejudice of the American cause. From 
those discoveries, it seemed to be a natural conclusion, 
that the legion would meet a very mongrel body, of various 
colors, in the vicinity of Grand Glaise, or at Roche de BoBuf, " 
as the case might be. i'^rv«v 

The Pottawattamie prisoners, on their examination, 
which was on the 5th of June, stated, that they were 



NORTH-WESTERN TERRITORY. 165 

captured four days after they left their homes ; that theh* 
nation, at the first of the last moon, received an invitation 
from the British, sent by a Delaware, a Shaw^anee, and a 
Miami chief, to join them, and go to w^ar against the 
Americans. That those chiefs assured them, they had been 
sent for that purpose ; that the British, about four hundred 
in number, with two field pieces, were then at Roche de 
Boeuf, on their way to war against the Americans ; and that 
this was exclusive of the Detroit militia. They also said 
that a fortification had been made around Colonel McKee's 
house, at that place, in which they had deposited all their 
stores of ammunition, arms, clothing, and provisions; from 
which they promised to supply the Indians in abundance, 
provided they would join them and go to war. 

They further stated, that the Chippewas, Wyandots, 
Shawanees, Ottawas, Delawares, and Miamies, assembled 
on the 1st of May, were about one thousand; that they 
were coming in daily, from all those nations, and that 
from the latest and best information received, and from 
their own knowledge of the number of warriors belonging 
to those nations, there could not be less than two thousand, 
then assembled; and that if the Pottawattamies had joined 
them, agreeably to invitation, the whole number would 
amount to upwards of three thousand. These warriors, 
they supposed, would be joined by fifteen hundred British 
troops and militia, according to the promise of Governor 
Simcoe. They also said, that the Indians intended to at- 
tack the legion, about the last of that moon, or the begin- 
ning of the next; that Governor Simcoe, the Great Man 
who lived at Niagara, sent for the Pottawattamies, and 
promised them arms, munition, provisions, and clothing, 
and every thing they wanted, provided they would join 
him ; that he had sent them the same message during the 
preceding winter, and again on the first of the last moon. 

They added, that he thanked them for their past ser- 
vices, and declared he would help them to fight, and ren- 



166 BURNET'S NOTES ON THE 

der them all the service in his power — that all the speeches 
they had received from him, w^ere as red as blood — that the 
wampum and feathers and war pipes and hatchets, were 
painted red — and finally, that their tribe had received four 
different invitations, from Governor Simcoe, to join in the 
war; the last of which was on the first of the last moon, 
when the Governor promised to join them, with fifteen hun- 
dred of his warriors. 

The Shawanees, who had been captured on the 22d of 
June, stated that five moons had passed, since they left the 
Grand Glaise — that they belonged to a party of twenty, 
who had been hunting all the spring, on the waters of the 
Wabash, nearly opposite the mouth of the Kentucky river, 
and were on their return when taken — that about half their 
party had gone on before them, and the remainder were 
coming on slowly ; hunting as they came — that they had sto- 
len about fifty horses from the people of Kentucky, on Salt 
river, during the spring and summer — that they only killed 
one man, and took no prisoners — that the man was killed 
by a white interpreter, belonging to their party — that they 
themselves had five horses loaded with deer, and bear-skins, 
and jerked venison — that on their way in, they met with a 
party of four Indians, three of them Delawares and one a 
Pottawattamie, who were then on their way to Big Bone 
Lick, to steal horses — that this party informed them, that 
all the Indians on White river were sent for, to come imme- 
diately to Grand Glaise, where the warriors of several na- 
tions were assembled — that the chiefs were then in council, 
and would not let their warriors go out — saying, that they 
could not depend on the British for effectual support — that 
they were always setting the Indians on, like dogs after 
game ; pressing them to go to war, and kill the Americans, 
but did not help them — and, that, unless they would turn 
out, they were determined to make peace ; and not be any 
longer amused with empty promises. 

They further stated, that the Shawanees had three hun- 



NORTH-WESTERN TERRITORY. 167 

dred and eighty warriors, who lived in the vicinity of Grand 
Glaise ; and that they could bring into action about three 
hundred of them. Their great men, or Sachems, were : the 
Black Wolf, and Kikia-pi-la-thy, or Tame Hawk. Their 
principal warriors were Blue Jacket and Captain Johnny. 
They said further, that the Delawares had, at Grand Glaise, 
four hundred and eighty warriors — that there were actually 
in the action against General St. Clair, four hundred of that 
tribe — that the Miamies numbered about one hundred war- 
riors living near the Grand Glaise; many of that nation 
having moved towards Post Vincennes, and the Mississippi 
— that the Wyandots never send into action more than one 
hundred and fifty warriors — that they themselves, lived 
along the lake, towards Sandusky, and did not know the 
number of the Pottawattamie s, or of the other nations who 
would join in the war, should they determine to continue 
it — that the Chippewas would be the most numerous, and 
were then on their way to the council; but that war, or 
peace, depended on the conduct of the British. If they 
would help the Indians, it would be war ; but if not, it 
would probably be peace. That the Indians would no 
longer be set on, like dogs to fight; unless the British 
would help them. That the British were at the foot of 
the Rapids, where they had fortified — that there were a 
great number of their soldiers at that place, who told the 
Indians they were come to help them fight, and that if they 
(the Indians) would generally turn out, they would join 
them, and fight the American army. Blue Jacket, they 
said, had been sent to the Chippewas and the northern In- 
dians, to invite them to Roche de Bceuf, to join in the war. 



CHAPTER VIII. 

Gen. Wayne's campaign of 1794. — Battle of the 20th of August, at the foot 
of the Rapids. — Gen. Wayne's correspondence with the commandant of the 
British Fort. — Army return to Fort Defiance. — From thence to the Miami 
villages. — Fort Wayne built. — Kentucky volunteers discharged. — Residue of 
the army proceed to Greenville. — Note. — The number and tribes of the In- 
dians engaged in the battle of the 20th of August. — Aid furnished them by 
the British. — Influence of British agents ascertained. 

The American army continued in their encampment, at 
Greenville, which was in reality a military school for both 
officers and soldiers, till about midsummer; when, having 
been joined by the mounted volunteers from Kentucky, 
arrangements were made for advancing into the Indian 
country. It had been apprehended that the heavy loss of 
pack-horses in the attacks at Fort St. Clair and Recovery, 
would retard the advance of the legion; but it was soon 
understood, that the General had made provision, in his 
arrangements, for such losses and contingencies, which he 
knew, from the nature of the service, were to be expected, 
and would unavoidably happen. There was therefore no 
embarrassment or delay produced by those disasters. 

With a view of perplexing the enemy, in regard to his 
movements, the General made such demonstrations, before 
he took up his line of march, as would induce the savages 
to expect him to advance, either by the route of the Miami 
villages on the left, or in the direction of the foot of the 
Rapids on the right. Those feints produced the desired 
effect, by drawing the attention of the enemy to those 
routes, by which he was enabled to approach undiscovered, 



NORTH-WESTERN TERRITORY. 169 

by a central course, which was impracticable for an army, 
except in a very dry season. 

By that expedient, though he halted at Girty's town, at 
the crossing of the St. Mary's, twenty-four miles in advance 
of Greenville, a sufficient length of time to build Fort 
Adams, on the bank of that stream, he was enabled to 
complete his march, unobserved, till he arrived almost in 
sight of Au Glaise, the great emporium of the enemy; of 
which he took possession on the 8th of August, without the 
loss of a single man. On the preceding evening the 
enemy abandoned their settlements and villages, with such 
apparent marks of surprise and precipitation, as convinced 
every body, that the approach of the legion was not dis- 
covered until a few hours before its arrival, when the fact 
was communicated by Newman, who deserted from the 
army at St. Mary's. 

It was manifest that the defection of that villain enabled 
the Indians to save their persons by a rapid flight; leaving 
all their property to fall into the hands of the Americans. 
The extensive and highly cultivated fields, and gardens, 
which appeared on every side, exhibited the work of many 
hands. The margins of the beautiful rivers, Au Glaise and 
Miami, had the appearance of a continued village, for 
several miles above and below their junction. They were 
covered with extensive cornfields, and gardens, containing 
a great variety of vegetable productions. 

The first duty of the General, after taking possession of 
the country, was to erect a strong stockade fort, with four 
block houses, by way of bastions, at the confluence of the 
rivers, which he named Fort Defiance. 

It had been ascertained by the most recent intelligence, 
that the enemy were collected at the foot of the Rapids, in 
great force — that they had been joined by the Detroit 
mihtia, and a portion of the regular army ; and that they 
had selected, for the contest, an elevated plain, near the 
foot of the Rapids, over which a tornado had recently 



170 BURNET'S NOTES ON THE 

passed, and covered the ground with fallen timber, by 
which it was rendered unfavorable for the action of cav- 
alry. This information, unpleasant as it was, did not 
excite any serious apprehension, or in the least degree cool 
the spirit and ardor of the troops. On the contrary, 
among the officers and privates, both of the legion and the 
mounted volunteers, there was but one aspiration heard, 
and that was to meet the enemy. Yet the commanding 
General, influenced by feelings of humanity, and anxious 
to prevent the consequences of the deadly conflict, which 
was about to commence, resolved, on his own responsi- 
bility, to offer the enemy a last overture of peace. 

As they had every thing dear and interesting at stake > 
there was some reason to expect they would listen to over- 
tures of a conciliatory character. Under that impression he 
sent to them an address, by a special flag, containing pro- 
positions of the most amicable nature; but couched in 
firm and fearless terms. He informed them that he was not 
only the Commander-in-chief of the army, but was a Com- 
missioner Plenipotentiary of the United States of America, 
for settling the terms upon which a permanent and lasting 
peace might be made, with each of the hostile tribes, north- 
west of the Ohio ; that the United States were actuated 
by the purest principles of humanity, and were desirous of 
showing' them the errors into which bad, and designing men 
had led them. 

He told them, that, although at the head of his army, he 
was in possession of their beautiful villages, and highly 
cultivated settlements, yet he was prepared to restore 
them, uninjured, to their former occupants; and therefore 
once more extended to them the friendly hand of peace ; 
and invited each and all of the hostile tribes to appoint 
deputies to meet him without delay, between that place 
and Roche de BcBuf, to settle the preliminaries of a lasting 
peace; which would restore to them their lost possessions, 
and preserve them, and their distressed women and chil- 



NORTH-WESTERN TERRITORY. 171 

dren, from danger and from famine, during the approach- 
ing winter. That, although the arm of the United States 
was strong and powerful, yet they loved mercy and peace, 
more than war and desolation. 

For the purpose of removing any apprehension of dan- 
ger, to the deputies who might be selected to meet him, he 
pledged his sacred honor, and offered hostages for their safe 
return. He informed them that his flag was borne by C. 
Miller, an adopted Shawanee, who had been captured six 
moons ago, and a native Shawanee warrior, who had been 
taken prisoner two days before, and who would testify to 
the kindness shown to them, and to their people, who were 
prisoners at Greenville, consisting of five warriors and two 
women; but that if his invitation should be treated with 
insult, and the bearers of the flag be detained or injured, 
he would immediately order all those prisoners to be put to 
death, without distinction; although some of them were 
known to belong to the best families of their tribes. 

The General exhorted them no longer to be deceived and 
led astray, by the false promises of bad white men, at the 
foot of the Rapids, who had neither the power nor the incli- 
nation to protect them. He urged them no longer to shut 
their eyes to their true interest and happiness, nor their ears 
to this last overture of peace. He entreated them, in pity 
to their innocent women and children, to meet him, and 
prevent the further effusion of their blood ; in which event 
they should experience the kindness and friendship of the 
United States, and the invaluable blessings of peace and 
tranquillity. But should they choose the other alternative, 
their blood, and the blood of their women and children, 
would be on their own heads. 

The works of defence at Defiance being completed, and 
the last propositions for peace, being unanswered by the 
enemy, the General published a manifesto, in which he de- 
clared with great solemnity, that he had exhausted all the 
means in his power, to obtain peace — that the United States 



172 BURNET'S NOTES ON THE 

should no longer be insulted with impunity, and that in the 
approaching conflict, he committed himself and his gallant 
army, to the keeping of an all-powerful and just God. 

On the next morning, 15th August, the legion moved for- 
ward towards the foot of the Rapids, where the British had 
a regular fortification, constructed on the most approved 
principles of modern military architecture, well supplied 
with artillery, and strongly garrisoned, in the vicinity of 
which, the fate of the campaign was about to be decided. 
On the 16th, the General met his flag, returning from the 
enemy's camp, with an evasive answer, for the purpose of 
gaining time. 

On the 18th, the army arrived at Roche de BoBuf, and 
during the 19th, they were employed in making a tempo- 
rary fort, for the reception of their stores and baggage ; and 
in reconnoitering the position of the enemy, who were en- 
camped on Swan creek, in the rear of the British fort, and 
behind a thick brushwood. 

At eight o'clock on the following morning, 20th August, 
the army again advanced in column, agreeably to the stan- 
ding order of march, to wit : The legion on the right, 
having its right covered by the river. One brigade of 
mounted volunteers on the left, under Brigadier General 
Todd, and the other in the rear under General Barbie. A 
select battalion of mounted volunteers, moved in front of 
the legion, commanded by Major Price, who was directed 
to keep sufficiently advanced, to give timely notice for the 
troops to form, in case of an attack. After advancing about 
five miles. Major Price's corps received so severe a fire from 
the enemy, secreted in the woods and high grass, as to com- 
pel them to retreat. 

The legion was immediately formed in two lines, princi- 
pally in a thick wood, which extended some miles on the 
left, and a considerable distance in front. The ground was 
covered with fallen timber, occasioned by a tornado, which 
passed over the country a year or two before, and rendered 



J 



NORTH-WESTERN TERRITORY. 173 

it impracticable for the caA^alry to act with effect, while it 
afforded the enemy the best possible protection in their 
mode of warfare. The savages were formed in three lines, 
within supporting distance of each other, and extended 
nearly two miles, at right angles with the river. 

It was soon discovered, from the weight of the fire, and 
extent of their lines, that the enemy in front, were in pos- 
session of their favorite ground in full force, and were en- 
deavoring to turn the American left. The General, there- 
fore, ordered the second line to advance and support the 
first, with the whole of the mounted volunteers. He also 
directed Major General Scott, to gain and turn the right 
flank of the savages, by a circuitous route, and at the same 
time ordered the front line to advance — charge the Indians, 
with trailed arms, and drive them from their covert at the 
point of the bayonet; and as soon as they rose, to deliver 
a close and well directed fire on their backs, followed by a 
brisk charge, so as not to suffer them to load a second time. 
Captain Campbell, who commanded the legionary cav- 
alry, was ordered to turn the left flank of the enemy, next 
to the river, which afforded a favorable field for that corps 
to act in. 

All those orders were obeyed with spirit and promptitude, 
but such was the impetuosity of the charge, by the first line 
of infantry, that the Indians, Canadian militia, and volun- 
teers, were driven from all their coverts in so short a time, 
that although every possible effort was made by the offi- 
cers of the second line of the legion, and by Generals Scott, 
Todd, and Barbie, of the mounted volunteers, to gain their 
proper position, only a part of each could get up in season 
to participate in the action; the enemy having been driven 
in the course of one hour, more than two miles through the 
thick woods, by a force less than one-half of their own. 

Their number was estimated at two thousand combat- 
ants; the troops actually engaged aginst them, did not 



174 BURNET'S NOTES ON THE 

exceed nine hundred, yet the savages and then- allies aban- 
doned themselves to flight, and escaped in all directions, 
leaving the victors in full and quiet possession of the field 
of battle. The conflict terminated in sight of the British 
Fort, and, as it were, under the very muzzles of their can- 
non. After Captain Campbell had succeeded in turning 
the left flank of the Indians, their retreat through the woods 
was cut off", and they were compelled to take to the river, 
through an open prairie, which gave the cavalry a fine op- 
portunity to show their skill and courage. In that flight, 
many of the savages were cut down on the prairie and 
in the river, into which they were pursued. 

During the conflict. Captain Campbell, of the dragoons, 
being killed, and Captain Solomon Van Rennselaer of the 
same corps, being shot through the body by a ball, which 
entered the pit of his stomach, the command of that corps 
devolved on Lieutenant Covington, who cut down two 
savages with his own hand, when turning their left flank. 

The bravery and good conduct of every officer belonging 
to the army, from the General down, merited, and received 
the approbation of the Commander-in-chief. There were 
some, however, whose duty and situation placed them in 
very conspicuous positions ; among whom, were Brigadier 
General Wilkinson, and Colonel Hamtramck, the comman- 
dants of the right and left wings of the legion, who 
were noticed accordingly. In addition to these, the General 
paid a very high compliment to his gallant aids, De Buts, 
Lewis, and Harrison, and to the Adjutant General, Major 
Mills, each of whom had rendered the most essential ser- 
vice, by communicating his orders in every direction, and 
exciting and animating the troops, by their conduct and 
bravery. 

Captains Lewis and Brock, and the companies of light 
infantry they commanded, had to sustain an unequal fire 
for some time, which they did with fortitude. The wounds 



NORTH-WESTERN TERRITORY. 175 

received by Captains Slough and Prior, and Lieutenant 
Campbell Smith, an extra aid to General Wilkinson, of the 
legionary infantry, and those received by Captain Van 
Rennselaer, of the dragoons, and by Captain Rawrlins, 
Lieutenant McKinney, and Ensign Duncan, of the mounted 
volunteers, were reported, as bearing honorable testimony 
of their bravery and their conduct. In short, every officer 
and soldier who had an opportunity of coming into action, 
displayed that true bravery, which always insures success. 
Among the gallant dead who fell on that memorable day, 
Captain Campbell of the dragoons, and Lieutenant Towles 
of the infantry of the legion, who were killed in the first 
charge, were remembered and named with high praise. 

From the return of the Adjutant General, it appears that 
the number of Americans killed on that occasion, including 
those who died of their wounds, was thirty-nine, two of 
whom were commissioned officers; and the number of 
wounded, one hundred, including seven commissioned 
officers. 

The loss of the enemy was estimated at more than dou- 
ble the loss of the Americans. The woods were strewed, 
for a considerable distance, with their dead bodies, and the 
bodies of their white auxiliaries, armed with British mus- 
kets and bayonets. A large number fell on the prairie, in 
their attempt to gain the river, and several were cut down 
by the cavalry, and others shot, in the midst of the stream. 

The army remained three days and nights, in front of 
the battle-field, during which time, all the houses and corn- 
fields were destroyed, for many miles, both above and be- 
low the Fort, and some within pistol-shot of it. The gar- 
rison thought it prudent to remain quiet spectators of the 
devastation and conflagration, not only of the improve- 
ments and property of the savages, but of the houses and 
stores of Colonel McKee, the British agent, and principal 
stimulator of the war then existing ; although it was well 



176 BURNET'S NOTES ON THE 

known, that those stores were the property of the British 
nation, sent to that place to sustain the Indians in their 
warfare against the United States. 

During the time the army remained at the foot of 
the Rapids, after the battle. General Wayne, in company 
with three or four of his officers, including General Wilkin- 
son and Lieutenant Harrison, approached the British Fort, 
and examined it critically, from different positions, on every 
side. He found it to be a regular military work of great 
strength, the front covered by a wide river, with five guns 
mounted. The rear, which was most susceptible of ap- 
proach, had two regular bastions furnished with eight pie- 
ces of artillery, the whole surrounded by a deep ditch, 
with horizontal pickets projecting from the parapet over 
the ditch. From the bottom of the ditch to the top of the 
parapet, was about twenty feet perpendicular. The works 
were also surrounded by an abatis> and furnished with a 
numerous garrison; yet the General manifested a strong 
desire to storm it, and it was the opinion of those who 
were with him, that he sought to provoke the British com- 
mandant to some hostile step, that would have justified 
such a movement. The close inspection of the British Fort, 
by the American officers, led to the following correspon- 
dence between Major Campbell and General Wayne : 



MAJOR CAMPBELL TO GENERAL WAYNE. 

Miami River, Aug. 2\st, 1794. 

Sir : An army of the United States of America, said to be under your com- 
mand, having taken post on the banks of the Miami, for upwards of the last 
twenty-four hours, almost within the reach of the guns of this Fort, being a 
post belonging to his Majesty, the King of Great Britain, occupied by his 
Majesty's troops, and which I have the honor to command, it becomes my 
duty to inform myself, as speedily as possible, in what light I am to view your 
making such near approaches to this garrison. I have no hesitation, on my 



NORTH-WESTERN TERRITORY. 177 

part, to say, that I know of no war existing between Great Britain and 
America. 

I have the honor to be, Sir, 

Your most obedient, and very humble servant, 

WILLIAM CAMPBELL, 
Major 24th Regiment, commanding a British Post 
on the Bank of the Miami. 
To Major General Wavne, etc. 



GENERAL WAYNE TO MAJOR CAMPBELL. 

Camp on the hanks of the Miami,) 
August 21st, 1794. \ 

Sir : — I have received your letter of this date, requiring from me the mo- 
tives which have moved the army under my command, to the position they at 
present occupy, far within the acknowledged jurisdiction of the United States 
of America. 

Without questioning the authority, or the propriety. Sir, of your interroga- 
tory, I think I may, without breach of decorum, observe to you, that were 
you entitled to an answer, the most full and satisfactory one was announced 
to you, from the muzzles of my small arms, yesterday morning, in the action 
against the hordes of savages in the vicinity of your post, which terminated 
gloriously to the American arms; but had it continued till the Indians, etc. 
were driven under the influence of the post and guns you mention, they 
would not have much impeded the progress of the victorious army under my 
command, as no such post was established at the commencement of the present 
war, between the Indians and the United States. 
I have the honor to be. Sir, 

Your most obedient and very humble servant, 

ANTHONY WAYNE, 
Major General, and Commander-in-chief of 
the Federal Army. 
To Major William Campbell, etc. 



MAJOR CAMPBELL TO GENERAL WAYNE. 

Miami Fort, August 22d, 1794. 

Sir : — Although your letter of yesterday's date fully authorises me to any 
act of hostility against the army of the United States of America, in this 
neighborhood, under your command, yet, still anxious to prevent that dread- 
12 



178 BURNET'S NOTES ON THE 

ful decision, which, perhaps, is not intended to be appealed to, by either of our 
countries, I have forborne for these two days past, to resent the insults you 
have offered the British flag, flying at this Fort, by approaching it within pis- 
tol shot of my works, not only singly, but in numbers, with arms in their 
hands. Neither is it my wish to wage war with individuals, but should you, 
after this, continue to approach my post in the threatening manner you are at 
this moment doing, my indispensable duty to my king and country, and the 
honor of my profession, will oblige me to have recourse to those measures 
which thousands of either nation, may hereafter have cause to regret, and 
which, I solemnly appeal to God, I have used my utmost endeavors to arrest. 
I have the honor to be, Sir, with much respect, 

Your most obedient and very humble servant, 

WILLIAM CAMPBELL, 
Major 24th Regiment, commanding 
Fort Miami. 
To Major General Wayne, etc. etc. 



GENERAL WAYNE TO MAJOR CAMPBELL. 



Camp, hank of the Miami,) 
22d August, 1794. ) 



Sir: — In your letter of the 21st instant, you declare, "I have no hesitation 
on my part to say, that I know of no war existing between Great Britain and 
America." I, on my part, declare the same, and that the only cause I have 
to entertain a contrary idea, at this time, is the hostile act you are now in the 
commission of, i. e. by recently taking post far within the well known and 
acknowledged limits of the United States, and erecting a fortification in the heart 
of the settlements of the Indian tribes, now at war with the United States. 
This, sir, appears to be an act of the highest aggression, and destructive to the 
peace and interest of the Union. Hence it becomes my duty to desire, and 
I do hereby desire and demand, in the name of the President of the United 
States, that you immediately desist from any further act of hostility, or ag- 
gression, by forbearing to fortify, and by withdrawing the troops, artillery and 
stores, under your orders and direction, forthwith; and removing to the near- 
est post occupied by his Britannic Majesty's troops at the peace of 1783; and 
which you will be permitted to do unmolested by the troops under my com- 
mand. 

I am, with very great respect, sir, 

Your most obedient, and very humble servant, 
ANTHONY WAYNE. 
Major William Campbell, etc. 



NORTH-WESTERN TERRITORY. 179 



MAJOR CAMPBELL TO GENERAL WAYNE. 

Fort Miami, 22d August, 1794. 

Sir : — I have this moment the honor to acknowledge the receipt of your 
letter, in answer to which I have only to say, that being placed here in the 
command of a British post, and acting in a military capacity only, I cannot 
enter into any discussion, either on the right or impropriety, of my occupying 
my present position. Those are matters that I conceive will be best left to 
the ambassadors of our difFerent nations. Having said this much, permit me 
to inform you that I certainly will not abandon this post, at the summons of 
any person whatever, until I receive orders for that purpose from those I have 
the honor to serve under; or the fortune of war should oblige me. I must 
still adhere, sir, to the purport of ray letter, this morning, to desire that your 
army, or individuals belonging to it, will not approach within reach of my 
cannon, without expecting the consequences attending it. 

Although I have said, in the former part of my letter, that my situation here 
is totally military, yet let me add, sir, that I am much deceived if his Majesty, 
the King of Great Britain, had not a post on this river at and prior to the 
period you mention. 

I have the honor to be, sir, with the greatest respect, 

Your most obedient and very humble servant, 

WILLIAM CAMPBELL, 
Major 24th regiment, commanding at Fort Miami . 
To Major General Wayne. 

The only notice taken of this letter, was by immediately 
setting fire to, and destroying every thing of value within 
view of the fort, and even under the muzzles of its guns. 

The object of the expedition to the foot of the Rapids, 
having been fully accomplished, the army returned by easy 
marches, to Grand Glaise, where they arrived on the 27th 
of August, laying waste on their route, the villages and 
corn-fields of the enemy, for about fifty miles on both sides 
of the river. There remained, however, several villages 
and a quantity of corn, on the Au Glaise and the Miami, 
above the junction, to be used or destroyed, as the subse- 
quent movements of the army might render expedient.* 

* The desire felt by Gen. Wayne, to ascertain as accurately as possible, 
the number of the enemy — the nations to which they belonged — the aid fur- 
nished them by the British — and the influence exerted by the agents sf that 



180 BURNET'S NOTES ON THE 

After the troops arrived at Defiance, an escort was sent 
to Forts Greenville and Recovery for supplies, necessary for 
the army; and in the interim, Fort Defiance and its ap- 
pendages were improved and strengthened. 

As soon as the escort returned, the army proceeded to the 
Miami \illages, which had been laid waste by General 
Harmar, in 1790. At that place, they constructed a strong 
fort, which was called Fort Wayne. 

nation, to prevent the Indians from entering into a treaty with the United 
States, induced him, after his return to Greenville, to examine at his leisure, 
the prisoners taken both before and after the battle ; and also such other per- 
sons as were likely to have knowledge on that subject, and on whose veracity 
he could rely. 

With that view, a Shawanee prisoner was examined, taken by Captain 
Wells near the foot of the Rapids, on the 11th of August, nine days before 
the battle. He stated that the first information received by the Indians of the 
advance of the army to the Au Glaise, was from a white man, who came in, of 
his own accord. He stated also that the Indians, at that time, were assembled 
at Col. McKee's — that the British were in a fort, about one mile below Mc- 
Kee's, on the north side of the river — and numbered when he was taken, 
about two hundred — that they had four or five great guns — that there were 
about six hundred warriors at McKee's, who had abandoned the Au Glaise on 
the approach of the army to that place; of whom, about one hundred were 
Shawanees, three hundred Delawares, one hundred Miamies, and about one 
hundred of other tribes — that in addition to those who were then at the foot of 
the Rapids, three hundred Wyandots, and two hundred and fifty Ottawas, 
were expected. 

Being asked, what number of white men were to join them, and when, he 
answered : that Captain Elliott set out for Detroit six days before — that he 
was to be back in five days with all the militia and an additional number of 
regular troops, which with those already there, would amount to one thou- 
sand men — that, he said, was the general conversation among the Indians. 
He said also, that Captain Elliott promised them to bring that number, and 
that Colonel McKee's son, and the deserter from the American army, went 
with Elliott. On being asked when, and where, the Indians meant to fight 
the American army, he answered, "at the foot of the Rapids;" adding, that 
the white man who came in, told the Indians and Colonel McKee, that the 
army was destined for that place. 

On the 28th of August, Antoine Lassell, captured in the action of the 20th, 
was examined. He was a native of Canada, and a volunteer in Captain Cald- 
well's company of refugees; friends and allies of the hostile Indians. He 
stated, that he had resided twenty-nine years in Upper Canada — twenty-one 



NORTH-WESTERN TERRITORY. 181 

On the 14th of October, the mounted volunteers marched 
from that place on theu" way to Fort Washington ; where 
General Scott was instructed to muster and discharge them. 
In a few days after, the General, lea^'ing a sufficient garri- 
son at Fort Wayne, proceeded with the skeleton of the 
legion to Greenville. They reached that spacious encamp- 
ment on the 2d of November, with a \ie\v of making it 

of which he had passed at Detroit, and on the Miami river; and that he had 
constantly traded with the Indians — that he resided at the Miami villages, 
nineteen years before Harmar's expedition: during which time he kept a store 
at that place, and used to supply the traders with goods — that he has since 
chiefly lived on Bean creek, at the Little Turtle's town — that having hved, so 
long, among the Indians, he was perfectly acquainted with the tribes and their 
numbers — that the Delawares had about five hundred men, including those 
who lived on White river and Bean creek — that the Miamies were about two 
hundred warriors; part of them on the St. Joseph's, eight leagues from Au 
Glaise — that the men were all in the action; the women having been left at 
that place — that the number of warriors belonging to that place, when all to- 
gether, amounted to about forty — that the Shawanees had about three hun- 
dred warriors — the Ottawas, on that river, two hundred and fifty — and the 
Wyandots, about three hundred — that those Indians were, generally, in the 
action of the 20th, excepting some hunting parties — that a reinforcement of 
reguUir troops, and two hundred mihtia, arrived at Fort Miami, a few days 
before the American army appeared — that the regular troops, within the fort, 
amounted to two hundred and fifty, exclusive of the militia — that about sev- 
enty of the militia, including Captain Caldwell's corps, were in the action — 
that Colonel McKee, Captain Elliott, and Simon Girty, were in the field; but 
at a respectful distance, and near the river — that Colonel McKee's existence 
then depended upon the exertion he could make, to retrieve the loss, and the 
disgrace of the Indians — that he would use every exertion and influence in his 
power, to raise the distant nations, to come forward immediately and assist in 
the war. That, should they not be able to collect a sufficient force, to fight 
the American army, their intention was to move on the Spanish side of the 
Mississippi, where part of their nations then lived — that Blue Jacket told him, 
he intended to move to Chicago, or the Illinois — that the Indians had wished 
for peace for some time, but that Colonel McKee always dissuaded them from 
it, and stimulated them to continue the war. 

John Bevin, a drummer in the 24th regiment, commanded by Colonel Eng- 
land, on his examination stated, that there were four companies of the 24th, at 
Fort Miami, averaging about fifty men, officers included — that there was a 
part of Governor Simcoe's corps in the garrison, with about sixty Canadians — 
that the whole number of men in the garrison, including officers, etc. exceeded 



182 BURNET'S NOES. 

their winter quarters, after an arduous and fatiguing tour 
of ninety-seven days; during which they marched and 
counter-marched upwai'ds of tlii'ee hundi'ed miles thi'ough 
the heart of an enemy's country, cutting a wagon road the 
whole way, besides erecting three fortifications, to wit: 
Fort Adams, at the St. Mary's ; Fort Defiance, at Au Glaise ; 
and Fort Wayne, at the Miami villages. 



four hundred — that the number of Indians, Canadians, etc. engaged in the ac- 
tion, was at least two thousand, according to the report made by Colonel Mc- 
Kee and Captain Elliott, to Major Campbell, after the action — that there were 
four nine-pounders, two large howitzers and six six-pounders mounted in the 
fort, and two swivels — that the Indians were regularly supplied with provi- 
sions, by Colonel McKee, from the British magazine in the garrison — that a 
certain Mr. Newman, a deserter from the American army, arrived at Fort Mi- 
ami, about eight days before the army made its appearance, and gave informa- 
tion to Major Campbell that the object of the Americans was to take that fort 
and garrison — that General Wayne told the troops not to be uneasy about pro- 
visions, for there was plenty in the British garrison — that Governor Simcoe 
was expected at that post every hour, in consequence of an express sent to 
Niagara after the arrival of Newman, the deserter, but had not arrived when 
he came away — Uiat the distance from Fort Miami to Detroit was sixty miles, 
which was generally performed in two days — that the militia of Detroit and its 
vicinity, amounted to near two thousand — that he has seen a great number of 
wounded Indians pass the fort, but did not learn what number were killed — 
that the retreating Indians appeared much dejected, and much altered from 
w^hat they were in the morning, before the action — that he knew one company 
of volunteers commanded by Captain Caldwell, who were all white men arm- 
ed with British muskets and bayonets, and were in the action. 

John Johnston, a deserter from General Wayne's army, who fought in the 
action on the 20th against the Americans, spoke of it as a complete defeat ou 
the part of the Indians, who lost a great many men; but he could not tell the 
number — and further, that after the Indians were defeated, they wanted to 
take refuge in the British fort, but were refused admittance, and were greatly 
exasperated. 

Other examinations were made to ascertain the strength of the enemy — the 
interference of the British, at and before the battle, and the etibrts they were 
still making to induce the Indians to continue the war, and carry on a winter 
campaign — which went strongly to corroborate the facts previously stated. 



CHAPTER IX. 

Weakness of the American army. — Intrigues of tlie English agents with the 
Indians. — Communications to Gen. Wayne from Chiefs of diflFerent tribes. — 
His answers. — Proposals for a conference at Greenville. — The Shawanese 
propose to remove west of the Mississippi. 

In consequence of the continued fatigue and exposure of 
the campaign, during the most unhealthy season of the year, 
the sick list was greatly enlarged, and numbers were re- 
ported unfit for duty. In connection with this, the discharge 
of the mounted volunteers, and the expiration of the period 
of enlistment of many of the Legion, had so reduced and 
weakened the army as to produce serious apprehensions 
that the fruits of the brilliant campaign, then just termina- 
ting, were in jeopardy, and might be lost, should the enemy 
ascertain the true condition of the army, and resolve to 
carry on an active Avinter campaign. That such might be 
the case, was rendered probable, by information received 
through a channel entirely to be relied on. 

The General was assured of the fact, that on the 30th of 
September, Governor Simcoe, Colonel McKee, and Captain 
Brandt, arrived at Fort Miami, at the foot of the Rapids, 
accompanied by a hundred Mohawk and Massasagoe Indi- 
ans, and had sent for the chiefs of the different hostile tribes 
to meet them, and hold a treaty at the mouth of the Detroit 
river, eighteen miles below the town. He was also advised 
that Simcoe, McKee, and Brandt, with Blue Jacket, Buck- 
ongehelas, Little Turtle, Captain Johnny, and several chiefs 
of the Delawares, IVIiamies, Shawanees, Ottawas, and Pot- 
tawattamies, bad set out for the place assigned for the 
treaty, about the 1st of October. 

He was also informed that the Indians were abundantly 



184 BURNET'S NOTES ON THE 

and regularly supplied with provisions, from the British 
stores at Swan creek, near Lake Erie. That previous to 
the arrival of Governor Simcoe, Blue Jacket, with two of 
the chiefs of the Ottawas, and the principal chief of the 
Pottawattamie s, had agreed to visit General Wayne, ac- 
companied by the person who gave the information, who 
was a man of distinction and influence among the Indians, 
and whose personal safety required that his name should 
then be kept a profound secret ; but that Blue Jacket in- 
formed him, after the arrival of Simcoe, that he would not 
go to Fort Wayne, as he had promised to do, till after the 
proposed treaty at the mouth of the Detroit river — that his 
wishes were still for peace — that he did not know what 
propositions Governor Simcoe had to make; but that he, 
and all the chiefs, would go and hear; and in the mean 
time, they desired him to enquire of General Wayne, in 
what manner the chiefs should come to him, and whether 
they would be safe, in case they should determine to do so, 
after the treaty with Simcoe was over. He further stated 
that had it not been for the arrival of Simcoe, McKee, and 
Brandt, with his Indians, he was confident the chiefs before- 
mentioned, would have accompanied him to head-quarters 
at the time before stated. 

This interesting information was immediately communi- 
cated to the War Department, by the General, accompa- 
nied with strong intimations of fear, that through the influ- 
ence of the Governor, and his co-adjutors, the negotiations 
then going on, at the mouth of the Detroit river, with the 
British agents, would result in an agreement on the part of 
the Indians, to carry on a winter campaign against the 
American posts; and that the proposed visit of Blue Jacket 
and his associate chiefs, to the American head-quarters, to 
treat for peace, would prove to be delusive. At the same 
time, the attention of the Secretary was called, in the most 
emphatic terms, to the reduced state of the army, and the 



NORTH-WESTERN TERRITORY. 185 

danger to be apprehended from that cause, should the Brit- 
ish agents succeed in the efforts they were making to induce 
the Indians to renew the war. 

He gave it as his opinion, that the chiefs were playing a 
deceptive game, and were determined to carry on the war, 
if they could be convinced that the British agents would 
sustain them, as they were then most solemnly promising 
to do. It was true, that no hostile attempt had been made 
by any of their parties, after the battle of the 20th, yet that 
might be ascribed to the fact, that the American detach- 
ments always moved superior to insult, rather than to any 
pacific or friendly feeling entertained by the savages. 

Among the causes of the embarrassment experienced in 
the army, during the winter of 1794-5; the unfortunate 
death of Colonel Robert Elliott, the acting contractor, was 
mentioned in the official communications to the War De- 
partment. That valuable officer was killed by the Indians 
near Fort Hamilton, on the 6th of October, 1794, on his 
way from Cincinnati to the out-posts ; which occurrence so 
increased the derangement of the Department he belonged 
to, as to render it necessary for the General to order the 
Quartermaster General to supply all omissions on the part 
of the contractors, at their expense, to be settled at the 
Treasury, at a future day. 

While the army were in winter quarters at Greenville, 
the General was constantly receiving communications from 
chiefs of different tribes ; some of a friendly, others of a 
hostile character. Among them was one from a chief at 
Sandusky, dated September 17th, which stated, that after 
the plan suggested by the General, for a settlement of diffi- 
culties, had been fully considered by his own ti'ibe, they 
declined to decide on it, till it had been sent to their con- 
federates at the Miami river, for their information and ad- 
vice; who soon after returned the following answer: 

^^ Elder Brothers: We have received your speech, in 



J86 BURNET'S NOTES ON THE 

which you say, ' that you are just on the point of sending 
speeches to the Americans.' We are happy you thought 
proper to let us know, what you were going to do. We 
now request you to drop that measure. You must not be- 
lieve the Americans, for they only wish to decoy us into a 
snare, by the fine speeches they so frequently send us. Let 
us listen to what our Father says to us, as he is now arrived, 
and the Five Nations are coming to join us." 

About the same time, the General received a speech from 
Tarkee, chief sachem at Sandusky, in which he entreated the 
Americans to listen to the chiefs and warriors of the San- 
dusky tribe, with whom intercourse had been suspended for 
a long time. He referred to the council and treaty made 
at Muskingum, with Governor St. Clair, in 1789, by which 
all matters in dispute were settled, and by which their 
chains of friendship were linked strong with ours. He ap- 
proved of that treaty, and said that an evil spirit had been 
set in motion, against the good work then finished, by 
which, in a short time after, all things were thrown into 
such confusion, that a rupture had taken place between the 
United States and the Indians, which was then undecided. 
He spoke in warm terms of friendship, towards the United 
States, and in favor of a speedy peace. 

On the 27th of September, a speech was sent to General 
Wayne, from a chief at Sandusky, whose name is not given ; 
in which he requested the honor of communicating to him 
a few words, on a subject of the greatest importance to 
the United States and to the Indians. He said, that it was 
then more than five years since the commencement of the 
war, and he thought it was almost time to rest, and enjoy 
the remainder of life in the blessings of peace. It had 
always been the desire of his heart to live in peace. That 
he could not express the regret he felt for his countrymen, 
who were then in the utmost distress, and seemed to be 
threatened with a total extirpation, from their native soil, 
which was the most alarminer event a human being could 



NORTH-WESTERN TERRITORY. 187 

contemplate. He asked, whom they had to blame for their 
misfortunes ; adding, that the world knew. 

He affirmed that he had exerted all his ability, with the 
chiefs and warriors, when they were assembled at that 
place, to create in them the same ideas that he himself pos- 
sessed. If they went wrong, the charge of their ignorance 
could not be upon him. He complained of the injustice 
that had been done to his people; and appealed to the 
United States for protection; requesting that a garrison 
might be established at Sandusky, for the safety of his peo- 
ple, alledging that he had always acted with fidelity, and 
hoped to see the day, when he should convince his coun- 
trymen how far they had been wrong. 

On the 3rd of November, a Wyandot chief thus addressed 
the General: 

^^ Brother! I thank the Great Spirit that I have now an 
opportunity to see you. I have come to speak of peace. I 
live at Sandusky. We, Wyandots, wish for peace, and are 
determined to bury the hatchet and scalping-knife, deep in 
the ground. We pray you to have pity on us, and leave 
us a small piece of land to build a town upon. The Great 
Spirit has given land enough for us all, in this world, to live 
and hunt upon. We have looked all around us, for a place 
to move to, but cannot find any. We want to know your 
mind. Our people will all be assembled at Sandusky, 
when we return home. 

^^ Brother! I have come to you in behalf of my father, 
and his little town. We are for peace, and intend to move 
to the head waters of Scioto. We are determined for 
peace, and come to tell you where we live, so that we may 
not be injured on account of bad Indians, should they con- 
tinue to be hostile." 

These speeches were responded to by General Wayne, 
in the spirit and temper which circumstances seemed to 
require. On the 4th of November, he sent the following 
speech to Tarkee, and to all the chiefs and warriors of the 



188 BURNET'S NOTES ON THE 

Wyandots, and to all other tribes and nations of Indians 
whom it might concern. 

^^Bi^others! I have listened with attention to the messa- 
ges sent to me, and am rejoiced that the Great Spirit has 
at last opened your hearts and ears to the voice of peace; 
but am sorry that the Evil Spirit has been busy in attempt- 
ing to prevent you from accomplishing that desirable ob- 
ject; yet I hope and trust, that your eyes are now opened, 
and that you will no longer suffer yourselves to be imposed 
on by the bad advice of those interested men, who have so 
often deceived you, and betrayed you into error, by fair and 
plausible, but false, promises of assisting you to fight 
against the fifteen fires of the United States, 

" I have already told you, that those people had neither 
the power nor the inclination to protect you — the truth of 
which you have fully experienced. 

" Brothers ! You request me to bring forth from the bot- 
tom of my heart, my sentiments respecting a definitive 
treaty of peace; and upon what terms. The enclosed 
copies of my speeches, addressed to you and all the other 
hostile tribes of Indians, will best demonstrate the sincerity 
and wishes of my heart; and show the pains I have taken 
to bring about a happy peace, and prevent a further effu- 
sion of human blood. 

^^ Brothers! I now call upon you to open your hearts 
and ears, and exert every power of attention to what I 
shall say. It is close upon six years since the sachems 
and warriors of the Wyandot, Delaware, Ottawa, Chip- 
pewa, Pottawattamie, and Sac nations, concluded a treaty 
at the mouth of the Muskingum, with General St. Clair, 
for removing all causes of controversy, and for settling 
boundaries between the aforesaid tribes of Indians, and 
the United States of America. That treaty appeared to 
be founded upon principles of equity and justice; and to 
have been clearly and fairly understood, and satisfactory to 
all parties, at that period ; being the same which you have 



NORTH-WESTERN TERRITORY. 189 

recognised and recapitulated, in your speech to me. I 
therefore propose it as a preUminary, or foundation, upon 
which a permanent and lasting peace shall be established, 
between the United States of America, and your nation, 
and the other nations of Indians. Should you have any 
well grounded objections to this proposition, come forward 
and speak your minds freely, in the manner mentioned in 
my speech, of the 12th of September last; and rest assured 
of a sincere welcome, and the most perfect security to 
yourselves and friends, both in coming to this place, and 
returning home, when most agreeable to you." 

On the 5th of November, the General replied specially to 
the letters of Tarkee and other Wyandot chiefs dehvered 
to him at the Miami village, shortly before ; in which he 
commended the part they had taken, to bring about a 
peace between the United States and the hostile tribes; 
and exhorted them to continue their influence to accom- 
plish that good work ; with an assurance that they should 
be liberally rewarded for their fidelity and trouble. He 
referred them to his speech of the 4th, in which he pro- 
posed the treatj'^ made at Muskingum, on the 9th of Janu- 
ary, 1789, as a preliminary, or foundation of a permanent 
and lasting peace. 

He reminded them, that a duplicate of that treaty had 
been delivered to the Wyandots, and was probably then 
in their possession; but as they had attended the making 
of it, they were well acquainted with the principles upon 
which it was founded. He also stated his belief, that his 
speech to the hostile Indians, of the 12th of September, pre- 
ceding, was in a great part suppressed, by some of the bad 
white people, at the foot of the Rapids; in consequence of 
which, he then sent them a copy of it, as also of his speech 
of the 13th of August, which he requested them fully and 
clearly to explain to their people. He also invited them to 
come to Greenville, immediately, where matters could be 
better and more fully understood; and he pledged his 



190 BURNET'S NOTES ON THE 

sacred honor for the safe return of themselves, and all such 
chiefs and warriors, as might accompany them. In the 
close he expressed an ardent wish that the Great Spirit 
might incline their hearts and minds to peace; and that he 
and they might soon have a happy interview. 

On the 10th of November, a confidential communication 
was sent to General Wayne, at Greenville, from the Wy- 
andots, by a chief who came as a flag, and whose personal 
safety made it necessary to suppress his name. The com- 
munication was in writing, and stated the following facts : 
— That his tribe were determined for peace, — that the 
chiefs were prevented by the British agents, Simcoe, McKee 
and Brandt, from coming forward at that time, as they 
found it expedient, to send one or two of their number to 
the proposed treaty of the British, at the mouth of the De- 
troit river, where they had already gone. That Captain 
Brandt insisted on their making one more desperate effort, 
in which the Six Nations were determined to join them. — 
That he had come with a chosen body of his own warriors, 
and would wipe the tears from their eyes. 

He exhorted them to keep a good heart, forget their late 
disaster, and look forward to better fortune and success, 
assuring them that their father, the king, would assist them 
with his warriors, who were then advancing to join them ; 
and that they must come to the treaty at Roche de BoBuf, 
and hear w^hat their father, Governor Simcoe, had to say to 
them. A message to that effect, was sent by Patterson, a 
Mohawk, and principal chief under Brandt. 

The communication also stated, that three of the princi- 
pal war-chiefs of the Wyandots, belonging to the same 
town, wiio had always been for war, were killed in the 
battle of the 20th of August, and that the principal chiefs 
then surviving, were anxious for peace. It further stated, 
that the first intelligence of the advance of the army to- 
wards Au Glaize, was received by the Indians from New- 
man, a foreigner, who deserted from St. Mary's, when the 



NORTH-WESTERN TERRITORY. 191 

troops were on their march; — that he was not captured by 
the Indians, but went to them voluntarily, to give informa- 
tion of the advance of the army; — and that the Indians 
would have been completely surprised, at Grand Glaise, 
but for the arrival and information given them by that 
deserter. 

It was further stated, that the Shawanees appeared de- 
termined to remove to the west side of the Mississippi, — 
that more than a hundred of their warriors were then hunt- 
ing on the head waters of the Miamies of the Ohio, and of 
the Scioto, who intended to disperse about Christmas, and 
steal as many horses as w^ould be necessary to carry them 
and their families to the Mississippi, where several of their 
nation, and many of the Delawares, were already settled ; 
and that those nations, it was believed, would remove, 
rather than make peace. It was also stated, that the Indi- 
ans, by that time, had heard the proposals of the British, 
and the Six Nations, with regard to assistance and support, 
and would determine for peace or war, according to the 
certainty or uncertainty of the promised support. 



CHAPTER X. 

State of the American army and of the Indians, in 1794-5. — Indians begin 
to collect at Greenville. — Preliminary conferences. 

It does not appear that any military movement, worthy 
of notice, took place during the winter of 1794-5. The 
General, however, was pressing his appeal on the War De- 
partment, to reinforce his army, and was engaged in watch- 
ing the movements of the enemy, and bringing every influ- 
ence within his power, to operate on their minds in favor of 
peace. He appealed to their hopes and their fears. He 
availed himself of the influence of the chiefs who were 
friendly to tlie United States, and of such as were indis- 
posed to continue the war, by which he distracted their 
councils — kept their minds in a vacillating state — and pre- 
vented them from agreeing on any plan of operations, of a 
warlike character. Whether he had succeeded in conceal- 
ing from them the reduced state of his army, which was 
producing great fear at head-quarters, was not known, 
though it was believed that a knowledge of that fact would 
operate as a strong temptation to the savages to try the 
fate of another battle. 

Their numbers had not been materially reduced, while 
the strength of the American army had been very greatly 
diminished by sickness and death, and by the expiration of 
the term of enlistment of many of the Legion, and the dis- 
charge of the Kentucky volunteers. The fact, however, for- 
tunately was, let the cause of it be what it might, that the 
British officers and agents, with all the influence they were 
able to exert, could not stimulate the Indians to recommence 



NORTH-WESTERN TERRITORY. 193 

hostilities. They had acquired some knowledge of the 
population and strength of the United States, and of their 
own utter inability to resist it. Some of them were made 
to understand, that the white people were so numerous, that 
they could bring into the field fifty warriors to their one ; 
and that, sooner or later, they must be destroyed, if the con- 
test were continued. Though this impression was not gen- 
eral, it occupied the minds of a sufficient number of the 
more intelligent and influential chiefs and warriors, to dis- 
appoint the hopes, and frustrate the plans of Simcoe and 
his associates. 

The Indians were evidently divided in opinion, as to the 
course they ought to pursue. A majority were disposed to 
continue the war, but were afraid the British agents would 
not redeem their pledges, by which they might be again 
defeated. They remembered the solemn promises of co- 
operation, which had been made to them in times past. 
They recollected that when the fort was built at the foot of 
the Rapids, they were told it was intended for their protec- 
tion, and as a place of refuge, to which they might retreat, 
should they be unexpectedly defeated by the American 
troops. They knew, also, that in violation of those assu- 
rances, the gates of that strong fortress had been shut 
against them, after their defeat on the 20th of August, and 
that neither chief, nor warrior, was permitted to enter it. 

Some of the chiefs were decidedly in favor of commen- 
cing a negotiation for peace, without further delay ; while 
others, under the influence of ambition and pride, had 
partly determined to abandon the country, and remove 
their families to the Mississippi, rather than submit to the 
humiliation of suing for peace. This diversity of feeling 
and opinion, produced in part by the judicious measures 
pursued by General Wayne, accomplished, in the end, the 
great object he had in view from the beginning. 

It did not require the spirit of prophecy to foresee, that 
if a diversity of opinion could be produced, and kept up 
13 



194 BURNET'S NOTES ON THE 

among the tribes, and their minds could be continued in a 
vacillating state, no serious, immediate danger was to be 
apprehended. This proved to be the case, for although 
they were in a state of great excitement, they remained 
quiet during the winter and spring; and early in June, be- 
gan to collect in Greenville, apparently without any previ- 
ous agreement, or concert, and as they severally arrived, 
gave notice that they had come to negotiate a peace. 

On the 16th of June, a considerable number of Dela- 
wares, Ottawas, Pottawattamies, and Eel-river Indians, 
having arrived, the General caused them to be assembled 
on that day, and for the first time met them in general 
council. After they had received and smoked the calumet 
of peace, he rose and thus addressed them: 

" I take you all by the hand, as brothers, assembled for 
the good work of peace. I thank the Great Spirit, for this 
glorious sun, who appears to rejoice at our meeting; and 
also for permitting so many of us to assemble here this day, 
being the first of the moon, for the purpose of holding a 
treaty. The Great Spirit has favored us with a clear sky, 
and a refreshing breeze, for the happy occasion. I have 
cleared this ground of all brush and rubbish, and have 
opened roads to the east, the west, the north and the 
south, that all your nations may come in safety, and with 
ease, to meet me. The ground on which this council-house 
stands, is unstained with blood, and is pure as the heart of 
General Washington, the great Chief of America, and of 
his great Council — as pure as my heart, which now wishes 
for nothing, so much as peace and brotherly love. I have 
this day kindled the council-fire of the United States ; and 
I now deliver to each tribe present, a string of white wam- 
pum, to serve as a record of the friendship, this day com- 
menced between us. [Wampum delivered.] 

" The heavens are bright — the roads are open — we will 
rest in peace and love, and wait the arrival of our brothers. 
In the interim we will have a little refreshment, to wash 



NORTH-WESTERN TERRITORY. 195 

the dust from our throats — we will, on this happy occasion, 
be merry, but without passing the bounds of temperance 
and sobriety. — ^We will now cover up the council-fire, and 
keep it alive, till the remainder of the different tribes as- 
semble, and form a full meeting and representation." 

Te-ta-boksh-ke, king of the Delawares, rose and said : 
"Our meeting this day affords me infinite pleasure. I thank 
the Great Spirit, and I thank you, for bestowing on us so 
great a happiness. All my people shall be informed of the 
commencement of our friendship, and they will rejoice in 
it, and I hope it will never end." — [A string of white wam- 
pum.] 

The fire was then raked up, and the Council adjourned. 

On the next day, June 17th, forty Pottawattamies ar- 
rived and had audience. The New Corn, one of the old 
chiefs, addressed the General, and said : 

" I have come here on the good work of peace. No 
other motive could have induced me to undertake so long a 
journey as I have now performed, in my advanced age, and 
infirm state of health. I come from Lake Michigan. I 
hope, after our treaty is over, you will exchange our old 
medals, and supply us with General Washington's. My 
young men will no longer adhere to the old ones — they 
wish for the new. They have thrown off the British, and 
henceforth, will view the Americans as their only true 
friends. We come with a good heart, and hope you will 
supply us with provisions." 

The General replied : — " I give you all a hearty welcome. 
I am particularly pleased with the appearance of so vener- 
able a man as New Corn. You, young warriors, will, I am 
persuaded, pay the highest respect to the counsels of this 
aged chief. Your friend, The Sun, a Pottawattamie chief, 
will tell you, that yesterday, we kindled the council-fire — 
that the roads are all clear, and that we only w^ait the arri- 
val of the other expected chiefs, to begin the good work. 

" You must be fatigued ; I will not, therefore, detain you 



196 BURNET'S NOTES ON THE 

at present. You will be supplied with provisions, and 
some drink, to refresh you and to make your hearts glad." 

On the 21st of June, Buck-on-ge-he-las, with a party of 
Delawares, and Asi-me-the, with a party of Pottawatta- 
mies, arrived, and were received in the council house. 

Te-ta-boksh-ke, the Delaware king, on behalf of his peo- 
ple, addressed the General as follows : 

'■^Brother! listen! We are here met by permission of 
the Great Spirit. Our forefathers used soft cloths to dry up 
their tears, — we use this wampum, and hope, by its influ- 
ence, to do away all past misfortunes. We have now 
opened our eyes and our ears, and hope to settle all diffi- 
culties." — [A white string.] 

Asi-me-the, a Pottawattamie chief, spoke as follows: 

" I have nothing to observe. Our grandfathers, the Dela- 
wares, have said what is necessary. Excuse my not pre- 
senting you with wampum. Why should we, elder brother, 
be of a different opinion from our grandfathers, the Dela- 
wares? The Great Spirit has been equally kind to us in 
this meeting. You see us all here. You sent for us. The 
remainder of us are dead, or incapable of coming to see 
you. In compliance with your requisition for the surren- 
der of prisoners, and as a proof of our sincere wishes for 
peace, I now present you two ; — all who are in our pos- 
session." 

The General rose and spoke thus : 

" Brothers ! I take you all by the hand, and welcome you 
to Greenville. The great council-fire has already been 
kindled, and the calumet of peace has been smoked, by the 
different nations who are here. This old chief, Te-ta- 
boksh-ke, has witnessed, and joined in the solemn act, in 
the presence of the Great Spirit. 

" We have raked up the fire, until the chiefs generally 
assemble. Last night, I had accounts from the Wyandots 
of Sandusky and Detroit, and all the Indians in that quar- 
ter. This day they rise upon their feet to come and join 



NORTH-WESTERN TERRITORY. 197 

in council with us. The roads being all clear, they will 
arrive without difficulty in ten days. We will then add 
fresh wood to our fire, whose pure flame shall be seen from 
the rising to the setting sun. We will postpone entering 
on business, until that period. In the mean time, I will 
give you, my brothers, what will make your hearts glad. I 
have already given wampum to all the tribes present. I 
now present you with a little more, to evince that my mind 
and heart are always the same." [Wampum.] 

On the 23d of June, Le Gris, the Little Turtle, and seven- 
teen Miamies arrived and were presented. 

Le Gris merely observed, that he was very happy to see 
the General ; that he had nothing particular to say at that 
time. He w^ished to encamp, and prepare for bad weather, 
and added, that the Miamies were united with him in 
friendly sentiments and wishes for peace. 

The General said in reply: "I feel much satisfaction in 
taking you all by the hand. My pleasure is equally great 
with yours, in this interview. The council fire was kindled 
in this house, on the first day of this moon. We covered it 
up, and have preserved it clear, waiting for your arrival, 
and the appearance of our brothers, the Wyandots, Shaw- 
anees, and a part of the Five Nations, among us ; they are 
now three days on their way hither. I will not detain you ; 
you must require rest, and I will order you to be provided 
with proper refreshments. This belt testifies the sincerity 
of the welcome with which I receive you." [A belt.] 

On the 25th of June, the Indian chiefs present were 
assembled. The General thus addressed them : 

'■'■Brothers! I take you all by the hand. I have invited 
you to this meeting, to inform you of some measures I 
have taken, for your convenience. I now give you up my 
exterior redoubts, to accommodate the different nations 
with council houses. My people have all come in from 
them, and you will allot them among you, as you may 
think proper. I take this opportunity to make you ac- 



Ifg flUKHKTV FOTES ON THE 

qoainted wiA some customs we obeerre. On firing the 
evening gun, all our men repair to their quarters. I wish 
your people to act In the same manner. I am perstiaded 
vou will perceive the propriety of this measure. If you 
find any of my foolish young men troubling my camp after 
that sismal. I will thank you to tie them, and =end them to 
me. I wish to preserve good order and harmony. 

"I will now explain what yesterday might have had a 
strange appearance. It is a standing rule, in aU our ar- 
mies, upon any alarm, or accident, whatever, for our war- 
riors to repair, instantly, to their posts. I mention this to 
you, to prevent, for the future, any misapprehensions. It 
is by my invitation you are here ; and I stand pledged for 
your safety and security. It is also our practice to parade 
onr men morning and evening, and call every man by his 
name. An accident occurred yesterday, in the explosion 
of some of our fire-works. It will have no other effect 
tilian to delay for a few days the exhibition intended for the 
4tii of July, the anniversary of the independence of Ameri- 
ca. I have nothing more to mention to you at this time. 
I call you together merely to acquaint you with these 
things, to repeat my sentiments of regard, and my care for 
you^: and to assure you, again, that you may rest as easy, 
and are as safe here, as if you were Ln your own villages. 
The council-fire remains covered till the arrival of the rest 
of our brothers. General Washington and his great coim- 
cU have sent you large presents ; the arrivzd of which I 
expect about the same time. Your friends Onas. the Qua- 
kers, have also sent you a message, and some small pres- 
ents, as a token of their regard for you." 

Mash-i-pi-nash-i-wish. or Bad Bird, a Chippeway chief. 
rose and said: 

" Elder Brofher ! I thank you in the name of all the 
Ottawas. Chippeways and Pottawattamdes, for what you 
have this day told us. It is aU very right and good." 



NORTH-WESTERN TERRITORY. 199 

The Delawares signified their conem-rence in opinion, 
with their grand-children, the Chippe\yays. 

The General then rose and said : '• I have never yet, in 
a pubHc capacity, told a he. You will not be deceived by 
placing the utmost confidence in what I shall tell you. I 
again repeat, that your own towns and villages could not 
afibrd you greater liberty, safety, and security", than you 
will enjoy, while you choose to remain with me." 

Meeting adjourned. 

On the 26th of June, thirty-four Chippeways and Potta- 
wattamies arrived. Mi-chi-mang, a Pottawattamie, said to 
the General, that as soon as they heard his words, they 
rose to come and see him. He said they had no old chiefs, 
or they would have come, on this great occasion — "they 
are all dead." He further observed that they came in 
expectation of being supplied with provisions to refresh 
them after their fatigue. 

On the 30th of June, the chiefs were assembled at their 
own request. Le Gris, chief of the Miamies, addressed the 
General as follows : 

'■'■Brother! I have come this day only to see you. The 
other chiefs present have no other object than to partake 
of the same pleasure. I hope every thing hitherto has 
been satisfactory to you. I now express our perfect satis- 
faction. 

'• Our young warriors are glad to meet and see you and 
your warriors, and I hope no suspicions have existed with 
either. You have told us we should share your provisions, 
whilst we staid with you; and in consequence, we de- 
pend on receiving what you have promised. The chiefs 
present are all happy in the belief of their perfect safety ; 
and I am persuaded, the other chiefs, when they arrive, 
will be equally satisfied with their situation. When broth- 
ers meet, they always experience pleasure. As it is a cool 
day, we hope you will give us some drink. You promised 



200 BURNET'S NOTES ON THE 

to treat us well, and we expect to be treated as warriors. 
We wish you to give your brothers a glass of wine ; and 
we should like some mutton and pork, occasionally. I 
hope you are pleased with this visit." 

New Corn, a Pottawattamie chief, rose and said, 

"I agree perfectly in sentiment with my brother Le Gris. 
I hope you will comply with his request. Our hearts are 
sorry and afflicted, to see the graves of our brothers, who 
fell here last winter." 

The Sun, a Pottawattamie chief, rose and said, 

"When I came to your house, you told me I should have 
what I wanted. We get but a small allowance — we eat 
it in the morning, and are hungry at night. The days are 
long — we have nothing to do — we become uneasy, and 
wish for home." 

The General answered thus: 

" I am pleased to see you all here, and happy to find you 
think yourselves secure in this camp. I wish you to think 
yourselves perfectly at home. The chiefs who are on their 
way, I am persuaded, will also think themselves safe when 
they arrive. They are now ten days on their journey 
towards us, and we may, with certaint}^, expect them. I 
have received a speech from their nations to that effect. 
Blue Jacket comes by the Miami villages. The others 
may arrive by a different route. 

"You say, that when you came here, I promised you 
plenty; it is my wish and intention that you should have 
enough. Tlie Sun alone complains of scarcity. I wish 
you to consult together, generally, and let me know if you 
really do not now receive enough. Pork, we have none. 
The few sheep we have, are for the comfort of our sick, 
and occasionally for our officers. Your sick shall most 
cheerfully share with mine, and I will, with pleasure, share 
with your chiefs. New Corn has observed, that your hearts 
were troubled for the loss of your brothers who died here 



NORTH-WESTERN TERRITORY. 201 

last winter. Grief is unavailing, and ought not to be 
indulged. I will give the chiefs of each nation present, a 
sheep for their use, and some drink for themselves and 
their people, this afternoon, to make their hearts glad, and 
to dry up their tears. At present we will have a glass of 
wine together — I wish to see you all happy and con- 
tented." Council then adjourned. 

On the 3d of July, the General addressed the Chiefs as 
follows : 

" Brothers ! I take you all by the hand, Avith that strong 
hold with which brothers ought to salute each other. To- 
morrow will be the anniversary of the day which gave 
peace, happiness, and independence to America — to-mor- 
row all the people of the fifteen fires, with shouts of joy, 
and peals of artUlery, will celebrate the period which gave 
them freedom. Nineteen times have the United States 
already hailed the return of that auspicious morn. To- 
morrow we shall, for the twentieth time, salute the return 
of that happy day, rendered still more dear by the brotherly 
union between the Americans, and the red people. To- 
morrow, all the people within these lines will rejoice. 
You, my brothers, shall also rejoice in your respective 
encampments. 

" I call you together to explain these matters. Do not 
therefore be alarmed at the report of our big guns. They 
will do no harm — they will be the harbingers of peace 
and gladness, and their roar will ascend into the heavens. 
The flag of the United States, and the colors of this Legion 
shall be given to the wind, to be fanned by its gentle breeze, 
in honor of the birth-day of American freedom. I will now 
show you our colors, that you may know them to-morrow. 
Formerly they were displayed as ensigns of war and battle; 
now they will be exhibited as emblems of peace and hap- 
piness. This eagle, you see, holds his arrows close, wiiile 
he stretches forth, as a more valuable offering, the olive 



202 BURNET'S NOTES ON THE 

branch of peace. The Great Spirit seems disposed to in- 
cline us all, for the future, to repose under its grateful shade, 
and wisely enjoy the blessings which attend it." 

Mash-i-pi-nash-i-wish, chief of the Chippeways, rose and 
addressed the General thus : 

" Elder Bi^other! I have heard your words, and have re- 
ceived great pleasure from them. 1 never make long 
speeches ; what I have to say, I say in a few words. Look 
at your warriors around you, and view ours. Does it not 
give you pleasure to see us all met here in brotherly love? 

^^ Elder Brother! You may believe what I say, and what 
I am going to say. As we are here on good business, our 
hearts must dictate what our tongues express. The Great 
Spirit knows w^hen we speak truth, and punishes falsehood. 
As you have told us, we are to rejoice : I have a favor to 
ask of you, compliance with which will prepare om* hearts 
for the occasion. We would wish to rescue from death, two 
of your young warriors, whom we brought in to you, who, as 
we hear, are to die. I entreat you in the name of all pres- 
ent, to spare their Hves, and pray you to indulge us in this 
request." [A white and blue string.] 

Te-ta-boksh-ke, king of the Delawares, thus spoke : 

'■'■Elder Brother! I thank you for having kindly explained 
to us what will take place to-morrow. Our young men 
shall all be informed of it. We thank you for your atten- 
tion to us. We will sincerely rejoice on the happy occa- 
sion." 

The General replied : 

" Brothers! I have heard your words, and will answer 
you presently. As I never speak without deliberation, you 
may depend on what I say. 

" Brotheis! I have considered your request, respecting the 
two warriors condemned to die. I will now answer you. 
The two men condemned to death, are not those whom you 
brought to me ; but two very bad men from another quarter. 
I desired this good man," (Dr. Jones, the Chaplain,) "to pre- 



NORTH-WESTERN TERRITORY. 203 

pare the minds of these men for the awful change they 
are about to experience. We put no man to death, with- 
out giving him time to repent, and to whiten his heart. 
The lives of the two men whom you brought in, although 
very culpable, are now granted to your humane entreaties. 
That you may all remember that the Americans rejoice to- 
morrow, and on every succeeding anniversary of it, I pre- 
sent each nation with a string of white wampum. We 
will now retire and hope to-morrow's dawn may be 
propitious." [Wampum.] 

On the 4th of July, A-goosh-a-way, and twenty-three 
Ottawas, from the vicinity of Detroit, arrived and had 
audience. The General addressed them : 

^^ Brothers! I take you all by the hand. I am happy to 
see you. You must be hungry and dry. I will order you 
refreshments to make your hearts glad. The hearts of 
your brothers are also made glad this day. I will no 
longer detain you from taking that repose of which you 
seem to stand in so much need. I deliver this string as a 
proof of my happiness in seeing you." [A white string.] 

A-goosh-a-way spoke as follows : 

'■^Brother! Those nations who are now represented at 
this meeting, are probably all you may reasonably expect. 
As for the Shawanees and Wyandots of Detroit, I do not 
believe they will come. I frequently told them they ought 
to advance without hesitation; but they still continue 
irresolute, and hover around their enemies, the British. I 
cannot discover the motives which actuate the Wyandots. 
The Six Nations sent two letters, prevailing on me to await 
their junction; but finding they delayed, and suspecting 
their sincerity, I came away without waiting long for 
them." 

July 9th. In council — Present, the chiefs of the Dela- 
wares, Ottawas, Chippeways, Pottawattamies, Miami and 
Wabash tribes. 

The General rose and addressed them as follows : 



204 BURNET'S NOTES ON THE 

" Younger Brothers ! I take you all by the hand, and wel- 
come you to this council-fire. Viewing the number of na- 
tions who last winter signed the preliminary articles, I per- 
ceive all are present, except the Wyandots of Sandusky, 
and the Shawanees. It is now twenty-five days since the 
council-fire was kindled at this place. It has continued to 
burn bright; and it has happily dissipated the clouds, which 
have hung over the people of Sandusky. They now see 
that the sky is clear and serene : that the roads are open, 
and free of thorns. Four runners arrived from them last 
evening, to announce to me, the near approach of all the 
chiefs of the Wyandots, and others of Sandusky. The in- 
telligence which these messengers have brought me, is this: 
that the dark cloud which enveloped the Shawanees, in the 
neighborhood of the British posts, (for that, my brothers, is 
a very cloudy place,) has also been dispelled; that they 
have, at length, awoke from their intoxicated slumber, and 
are now on their feet, coming to this place. They, and the 
Wyandots, etc. of Sandusky, may be expected to arrive 
here, in the course of three days. The question then is : 
shall we now name the day, on which to begin the great and 
good work, or shall we wait the arrival of those chiefs, and 
have their united voice on the subject. This is all I shall 
propose at present, until I hear your respective opinions." 

The Little Turtle made some remarks to the other chiefs, 
on the General's speech, and gave them some reasons why 
the fixing of the day should be postponed. 

A-goosh-a-way, an Ottawa chief, rose and said : 

'•^ Elder Brother! I am much obliged to you for requiring 
our opinions on this matter. 'Tis true, as the Little Turtle 
has observed to us, that we have been here a long time 
waiting; but it will be best to remain contented a few days 
longer, that we may begin the good work all together. I 
now present you our pipe, and hope that you and your 
warriors will smoke it. 

'^ Elder Brother! You see that all your chiefs, as well as 



NORTH-WESTERN TERRITORY. 205 

ours, have smoked out of this calumet of peace ; and the 
Great Spirit is well pleased to see it. The calumet does 
not now speak; it remains silent, until the arrival of our 
brothers, who are on their way." 

The General rose and said : 

'^ Younger Bfothers ! Twentj'-five days ago. the calumet 
of peace, of the fifteen fires, of the United States, was 
smoked in this house. It did not then speak; and it yet 
remains silent. I am pleased to hear you all concur in 
opinion, -v^ith the Little Turtle, that we should wait the ar- 
rival of our brothers, the Wyandots and Shawanees. I 
therefore propose that we shall meet again at this place on 
Monday next." 

[A white string to each nation present.] Council ad- 
journed to Monday the 13th. 

On Monday, July 13th, at the request of the Wyandot 
chiefs, who arrived on the 12th, and others, the meeting 
proposed for that day, was postponed until Wednesday the 
15th, some necessary regulations among them not ha\ing 
been decided on. 



CHAPTER XI. 

Commencement of the negotiations in full council. — Introductory speech of 
General Wayne. — Speeches of the Chiefs of the different tribes. — Progress 
of the negotiations. 

On Wednesday, July 15th, the Council assembled agree- 
ably to adjournment. Present, the chiefs of the Wyandots, 
Delawares, Ottawas, Chippeways, Pottawattamies, Miam- 
ies, and Wabash tribes. The council being opened, and 
the council-fire uncovered, interpreters were sworn in; 
after which the General addressed the Indians thus : 

" Younger Brothers! These interpreters whom you have 
now seen sworn, have called the Great Spirit to witness 
that they will faithfully interpret all the speeches made by 
me to you, and by you to me ; and the Great Spirit will 
punish them severely hereafter, if they do not religiously 
fulfil their sacred promise. 

" This is the calumet of peace of the fifteen fires of the 
United States of America. I shall first present it to The 
Soldier (Wabash tribe) who first took us by the hand, as I do 
not know yet which nation among you is in future to have 
the precedence. The next were the Wyandots, who came 
forward last fall, early; the next were the Ottawas, Chip- 
peways, Pottawattamies, and Sauckeys; and the next were 
the Delawares. 

" Younger Brothers! All the chiefs and warriors of the 
different nations present ! I now take you all by the hand. 
It was my wish to have waited for the arrival of the Shaw- 
anees, Wyandots of Detroit, and some Chippeways, who, I 
learn, are on their way ; but as it is the desire of the chiefs 



NORTH-WESTERN TERRITORY. 207 

present, to commence the business generally, I will now 
show them by what authority I hold this treaty. 

" Treaties made by all nations on this earth, ought to be 
held sacred and binding, between the contracting parties ; 
hence, it is the practice, to commission certain persons with 
powers to make and conclude stipulated articles of treaties 
accordingly. These books contain treaties which have 
been held with all the Indian nations, in North America, 
and show what has been said and done at each, without 
the smallest alteration. In the first place, this is a com- 
mission, appointing me Commander-in-chief of the Ameri- 
can Legion, presented to me by General Washington and 
the fifteen fires, three years since. On the 4th day of April, 
1794, I received a commission from the same authority, for 
settling a peace with all the tribes of Indians north-west of 
the Ohio." (Here the General read the renewal of his 
powers as Commissioner, to treat with the Indians.) 

" Having thus produced my authority, given me by Gene- 
ral Washington, and the fifteen fires, I will now proceed 
to review the preliminary articles, which we mutually en- 
tered into and exchanged, during the past winter. 

" Younger Brothers! Open your ears, and listen to the 
question asked me by the Wyandots of Sandusky, on the 
26th of September last. This was the voice of the Wyan- 
dots and other tribes of Sandusky. ^Brother! Bring forth 
from the bottom of your heart your sentiments respecting 
making a definitive treaty of peace, and upon what terms. 
We shall deliver our prayers daily to the Great Spirit above, 
our Maker, that he will open your heart and sentiments to 
us.' This was a strong and serious question, upon which 
the happiness of the United States and the Indian nations 
mutually depended. The answer made to that question 
required some explanations which are tedious, and do not 
seem at present necessary to be repeated; but I will read 
that part which explains the principles upon which a peace 
could take place. 



208 BURNET'S NOTES ON THE 

" ' Brother ! You desire me to bring forth from the bottom 
of my heart, my sentiments respecting a peace, and upon 
what terms it could be obtained. 

^'^ Brother! I now call upon you to exert your utmost 
powers of attention, and listen to what I shall say to you. 
It is now near six years, since the chiefs of the Wyandots, 
Delawares, Ottawas, Chippeways, Pottawattamie s and 
Sac nations, concluded a treaty at the mouth of the Mus- 
kingum, with Governor St. Clair, for removing all causes 
of controversy, and settling the boundaries between them 
and the United States. That treaty appeared to be founded 
upon principles of equity and justice, and to be perfectly 
satisfactory to all parties at that time. I therefore propose 
that treaty as a foundation for a lasting treaty of peace, 
between the United States and all yoiu* nations of Indians. 
Should you have any well grounded objections to these 
principles and to this proposition, come forwai'd and spealc 
your minds freely; and rest assm*ed of a sincere welcome, 
and safe conduct, in coming hither and returning to your 
homes, from yom* friend and brother, Anthony Wayne.' 

" This was my answer to the Wyandots. They are here 
present, and can testify to the truth of it. In consequence 
of this answer, the Ottawas, Chippeways, Pottawattamies, 
Sauckeys, Miamies, Delawares, and Shawanees, came for- 
ward and signed these preliminary articles, of wliich you 
have all, respectively, copies. Having now shown you 
that I stand here in the place of General Wasliington, and 
represent the fifteen fires of America, and having shown 
the manner in which this happy meeting came about, by an 
application, first from tlie Wyandots, whose good example 
was followed by the other nations, I shall forbear to say 
more, as the day is far spent, but to request you to consider 
what I have said. 

^^ Brothers ! I ^^dsh you all clearly to understand that we 
have progressed so far in the good work, as to explain 
these preliminary steps. I would advise you to appropri- 



♦*• 



NORTH-WESTERN TERRITORY. 209 

ate two or three days, to revolve, coolly and attentively, 
these matters, and those which w^ill naturally follow them. 
I take you all by the hand. We will now rake up the 
council-fire, and as we have talked a long time, we must 
be dry, and have a little drink." Council adjourned. 

Saturday, July 18th. In council. Present as before. 
The Little Turtle, a Miami chief, addressed the General as 
follows : 

" Brother! We have heard and considered what you have 
said to us. You have shown, and we have seen, your 
powers to treat with us. I came here for the purpose of 
hearing you. I suppose it to be your wish that peace 
should take place throughout the world. When we hear 
you say so, we will be prepared to answer you. You have 
told me that the present treaty should be founded upon that 
of Muskingum. I beg leave to observe to you, that that 
treaty was effected, altogether, by the Six Nations, who 
seduced some of our young men to attend it, together with 
a few of the Chippeways, Wyandots, Ottawas, Delawares, 
and Pottawattamies. I beg leave to tell you, that I am 
entirely ignorant of what was done at that treaty. I hope 
those who held it, may give you their opinions, whether or 
not, it was agreeable to them." 

The Sun, a Pottawattamie chief, rose and said : 
" Brother ! The Master of Life had pity on me when he 
permitted me to come and take you first by the hand. 
With the same hand and heart I then possessed, I now sa- 
lute you. When I gave you my hand, you said ' I thank 
you, and am glad to take your hand, Pottawattamie,' and 
you thanked the other Indians also, and told them you had 
opened a road for them to come and see you. When I got 
this belt from the Americans, they told me the roads were 
open and clear, and that no obstruction should prevent our 
coming to see you. I was happy when you gave me the 
road" [a belt,] " and so are we all, for we have all traveled 
it. I hope it will remain free of bushes and thorns, as long 
14 



210 BURNET'S NOTES ON THE 

as Americans and Indians live. You yourself, have told 
me it should be so, and that this (meaning the olive branch, 
held by the eagle) was a leaf of that great tree, under 
whose shade we, and all our posterity, should repose in 
safety and happiness. 

^^ Elder Brother ! We have followed the road you gave 
us, in safety. I now present it to your view, as your gift," 
[presenting a road-belt, with the eagle of the United States 
attached.] 

Mash-i-pi-nash-i-wish rose and said, 

^^ Brothers of the different nations present! Listen to what 
our elder brother tells us, with attention. I am satisfied it 
is the truth. — Listen to me also, elder brother ! Last win- 
ter I heard your words, when you stretched your hands to 
us, and asked us to come and see you. I never heard be- 
fore, what The Sun has been observing. When I heard what 
you said last winter, I took you by the hand, and now, 
when I returned, I found your gates open to receive me, 
and that you told me truth. I was then deputed by the 
chiefs of my nation, to hear your words, and am happy that 
they are now convinced of the truth of them. You now 
also find the truth of my words : that I then came only to 
carry back your words, and the other chiefs would come to 
see you. You now see them present, the representatives 
of their nations. Here are the chiefs of the Ottawas, 
Chippeways, and Pottawattamies. We three are faithful 
allies, and one of us speaks for the whole, when in council. 
The words you spoke last winter, are fresh on my memory. 
I know nothing of the treaty in question, which took place 
at Muskingum. The people who made it are present, and 
will be able to speak to it. My remote situation, on Lake 
Michigan, prevented me from being acquainted with it." 

Tar-kee, or Crane, chief of the Wyandots, rose and said: 

" Brothers of all nations present, listen ! Elder brother ! I 
don't think it proper to select any particular nation, to 
speak for the whole. You have kindled the council-fire. 



"» 



NORTH-WESTERN TERRITORY. 21 1 

I wish you to determine what nation shall speak, and ap- 
point a day when we shall all be collected, and when those 
who are on their way shall have joined us." 

The General rose and said : 

"Brothers! I have paid very great attention to what has 
been observed by the Miamies, Pottawattamies, Chippe- 
ways, and Wyandots, and the day after to-morrow, I will 
endeavor to explain fully the treaty of Muskingum, of 
which so many plead ignorance. I will bring to the recol- 
lection of the Wyandots, Delawares, Ottawas, Chippeways, 
Pottawattamies and Sac nations, what they did at that 
treaty, and show them anew, their names who witness it. 
There are some Chippeways approaching, who perhaps 
were at the treaty ; and when I look around me, I imagine 
I see some faces who were present at it. This road, (allu- 
ding to The Sun's road belt) is the true road. I have a 
branch similar to this, at my breast : I know them to be of 
the same tree, and of equal value. This is all I shall say 
at present. I thank the Great Spirit for assembling so 
many of us together on this good work ; and I hope we 
shall have all things perfectly understood and explained, 
to our mutual satisfaction, before we part." 

Council adjourned to meet on the 20th. 

In the evening of the 18th, Blue Jacket, and thirteen 
Shawanees, and Masass, with twenty Chippew^ays, arrived 
and were received in the council house. Masass spoke as 
follows : 

"I am very happy to be here this day. I was at the 
treaty of Muskingum, and have it now in my hand to show 
it you. Nothing but my ha^dng it in my possession could 
have brought me here at this time, for I came voluntarily, 
and unasked. We should have come in great numbers 
but for Brandt's endeavors to prevent us. The Wyandots 
and Six Nations are counsehng. I do not know what may 
be the result of their conference. I am happy to find so 



212 BURNET'S NOTES ON THE 

many of my brothers with you. I hope for the future they 
will walk in the right way, and be sincere in their engage- 
ments. I again repeat my knowledge of the treaty of 
Muskingum. As far as I understand it, I have been faithful 
to it. I have brought these Frenchmen with me that I 
may be well acquainted with every thing that shall take 
place. This is all I have to say at present. Having 
traveled far I am fatigued and require refreshment." [A 
white string.] 

Blue Jacket spoke as follows : 

" Brother ! When I came here last winter I did not mean 
to deceive you ; what I promised you I did intend to per- 
form. My wish to conclude a firm peace with you being 
sincere, my uneasiness has been great, that my people 
have not come forward so soon as you would wish or might 
expect ; but you must not be discouraged by these unfavor- 
able appearances. Some of our chiefs and warriors are 
here ; more will arrive in a few days. You must not how- 
ever expect to see a great number, yet notwithstanding, 
our nation will be well represented. Our hearts are open, 
and void of deceit." 

The General spoke as follows : 

"Brother, the Chippeway! I am happy to see you and 
your people. The open and generous manner in which 
you have acknowledged being present at, and acquainted 
with, the treaty of Muskingum, displays an honest, open, 
and manly heart. I therefore take you by the hand, with 
the warmth and friendship of a brother. I know you have 
come a great way — provision shall be furnished you and 
your people, to appease yom- hunger; and you shall have 
some liquor also, to quench your thirst, and to enable you 
to rejoice with your friends and brothers present. 

'■'■Brother, the Slmwanee! I am well convinced of the 
integrity of your heart, and that your exertions have not 
been wanting to bring hither a full representation of your 



NORTH-WESTERN TERRITORY. 213 

nation, at an early hour. I therefore bid you, and my 
friends with you, a sincere welcome." 

On the 19th of July, Blue Jacket had a private con- 
ference with the General, in which he spoke as fol- 
lows: 

^'■Brother and Ally! It is a long time since I left you. 
I believe it is about five months. Many things have oc- 
curred since that time, which I vdll inform you of, as you 
may be unacquainted with them. I visited the British, and 
was kindly received at their garrison, on the Miami. I 
was asked for news ; I had none for them, except that of 
my kind reception from you. Mr. Magdalen wrote from 
thence to Detroit, that he had taken off my blue coat, which 
I had received from the Americans, and broke my gun, 
which he also falsely said, was presented to me by General 
Wayne. I did not rest until I exposed this man, and refu- 
ted his assertions. I informed all the Indians of my full 
persuasion of the truth, of the kind and benevolent inten- 
tion, you expressed to me, and that they, in due time, 
would be convinced of the goodness of your motives. Mr. 
McKee invited me to his house, and told me he was very 
sorry to find I had acted with such little regard for my 
people — that he ascribed my strange conduct to the insti- 
gations of some evil spirit, who had led me astray from the 
plain good road, and put me in the path which led to the 
Americans. ' The commission you received from Johnston,' 
said he, 'was not given you to carry to the Americans. I 
am grieved to find that you have taken it to them. It was 
with much regret I learned that you had deserted your 
friends, who always caressed you, and treated you as a 
great man. You have deranged, by your imprudent con- 
duct, all our plans for protecting the Indians and keeping 
them with us. They have always looked up to you for 
advice and direction in war, and you have now broke the 
strong ties which held them all together, under your and 
our direction. You must now be viewed as the enemy of 



214 BURNET'S NOTES ON THE 

your people, and the other Indians, whom you are seducing 
into the snares, the Americans have formed for their ruin ; 
and the massacre and destruction of these people, by the 
Americans, must be laid to your charge.' 

"Brother! I am happy, that notwithstanding all the diffi- 
culties and obstructions I had to encounter, from my rela- 
tions and others, at Detroit, I have succeeded so far in 
bringing my people to you at this time. I expect intelli- 
gence this day, of the approach of more of them. I have 
briefly acquainted you with these things. I repeat my as- 
surances of the sincerity of my sentiments and resolution, 
to be for the future, a steady friend to the United States." 

Monday, July 20th — In council — Present as before, with 
the addition of the Shawanees and Chippeways, who arri- 
ved on the evening of the 18th. The General rose and 
spoke as follows : 

'■'■Brothers of all the nations pj-esent! I take you by the hand. 
When we were last in council, two days since, the Little 
Turtle observed, — • We came with an intention to hear you 
— we expect yom- wish is for peace with all the world — we 
would be glad to hear your sentiments upon the subject.' 
I did hope and expect, that ever}' man among you, would 
be perfectly acquainted Mith my sentiments on this subject, 
as I have for a long time past, taken pains to diffuse them 
throughout your nations. I will read you a message, which 
I sent amongst you, by I\Ii*. Miller, now present, on the 13th 
of August last, and which I am persuaded, from the best 
authority, had been fully explained to, and perfectly under- 
stood by your chiefs and warriors, [Here the General read 
his message of 13th August, 1794.] 

"I likewise told you, that the ears and the heart of the 
President, General Washington, were ever open to the 
voice of peace, and that he had instructed me, his principal 
warrior, to listen to that welcome voice, from whatever 
quarter it might come, provided it came from proper au- 
thority and from the heart. 



NORTH-WESTERN TERRITORY. 215 

" Six moons since, Tfie Crane (Wyandots) and a number 
of Chippeways, Ottawas and Sacs, came here in conse- 
quence of this invitation. They were also accompanied by 
the Miamies. I received them with great pleasure, and 
informed them that I thanked the Great Spirit for opening 
their eyes to see, and their ears to hear the happy dawn of 
peace, I told them that peace was like that glorious sun, 
which diffused joy, health, and happiness to all the nations 
of this earth who had wisdom to embrace it; and that I, 
therefore, in behalf, and in the name of the President of 
the United States of America, took them all by the hand, 
with that strong hold of friendship which time could never 
break. 

" These have been the sentiments of my heart with re- 
gard to peace, and I think may be considered as a full an- 
swer to the wishes expressed by the Little Turtle. To 
prove that my sentiments are still the same, I present to 
Mash-i-pi-nash-i-wish, and to the Little Turtle, these strings 
of wampum, which are not purer nor whiter than the heart 
that gives them. These will be considered as presented to 
the whole, for the same purpose." [White wampum to the 
Chippeways and Miamies.] 

" The Little Turtle observes, ' You have informed us that 
the treaty of Muskingum shall be the foundation on which 
the present treaty shall be founded. That treaty was held 
by the Six Nations, and by a few young men of the Chip- 
peways, Ottawas, and Pottawattamies. We, Miamies and 
Wabash tribes, are totally unacquainted with it.' And 
Mash-i-pi-nash-i-wish, has also remarked, that the Otta- 
was, Chippeways, and Pottawattamies, knew nothing of 
the treaty — it had never reached as far as Michilimackinac. 

" Younger Brothers! In order to refresh your memories, 
and to bring every article of that treaty fully to your recol- 
lection, I will now read and explain it to you. These are 
the articles of that treaty, made more than six years ago, 
between the United States of America, and the Wyandots, 



216 BURNET'S NOTES ON THE 

Delawares, Ottawas, Chippeways, Pottawattamies and 
Sauckeys. [Here he read and explained the treaty of Fort 
Harmar, made in 1789.] 

" Younger Brothers! You have now heard the treaty of 
Muskingum read and explained to you. It has been for 
more than six years, well understood by many of the chiefs, 
now present, of those nations who concluded it. And I am 
persuaded that those who were present, and those who 
signed it, will have candor sufficient, when they hear their 
names called over, to acknowledge it, as their act and 
deed, as Masass has freely and sincerely done, the day 
before yesterday; by which he proved himself to be pos- 
sessed of a manly, and undisguised heart. 

" Younger Brothers! I have now fully explained to you, 
the treaty of Fort Mcintosh, which was concluded ten years 
ago, and the treaty of Muskingum, which took place six years 
since. The boundaries agreed on by the former are the 
same, that are stipulated by the latter. I have also pointed 
out a number of chiefs, in this house, who w^ere present at, 
and signed those treaties. As I have refreshed their mem- 
ories, in this manner, and read them a few passages of their 
own speeches and proceedings, on those occasions, it is 
probable they will be able to inform you of every thing 
relating thereto, and give you full satisfaction on the sub- 
ject. I have no more to say at present. I wish you to 
consider well what I have said to you, that we may be en- 
abled to form a treaty that shall continue unbroken, as 
long as the woods grow, and waters run. Think seriously 
on the great business before you. Consult among your- 
selves, and when we meet again, speak your thoughts 
freely. I am persuaded we shall agree in opinion; and 
when we return home, all nations will have cause to re- 
joice in the good w^ork we have been doing." 

Pe-ke-te-le-mund, a Delaware chief, rose and said : 

'■'Elder Brother! We are happy to meet you here this 
day. The Great Spirit is kind, in permitting us to meet 



NORTH-WESTERN TERRITORY. 217 

as brothers. We agree with what you have this day said 
to us. Five days ago you told us what you said last win- 
ter, to our uncles, the Wyandots. It is true, brother, they 
were the first who then came in to you. We were happy 
to hear their words, when they returned. We sent for- 
ward immediately a deputation to you, with om- grand- 
children, the Shawanees, and with them two prisoners. 

^^ Brother! When our king returned, and proclaimed the 
happy news from you, we rejoiced to hear it, and prepared 
to come in and fulfil what he had promised. We brought 
in all our prisoners, agreeably to your desire, and in con- 
formity to our chief's engagements. 

'■^Brother! So far we have evinced our disposition; when 
we meet again, we shall have more to say upon the good 
work before us." 

Mash-i-pi-nash-i-wish, a Chippeway chief, rose and said: 

'■^ Elder Brother! I am very glad you have pointed out 
those of my nation, who were at, and signed the treaty of 
Muskingum. I did not know them before. That treaty did 
not reach us, who live in Michigan. I am happy in having 
it now explained. I thank you for expediting our good 
work. We wdsh much to return to our families, many of 
whom have died since we left home." 

Tuesday, the 21st of July. In council — present as before. 
Masass, a Chippeway chief, rose and spoke as follows, in 
behalf of the three fires, Ottawas, Chippeways, and Potta- 
wattamies : 

^^ Elder Brother! I have heard what you said yesterday, 
and know it to be the same that was said at the treaty of 
Muskingum. I remember it perfectly well, and thought, 
whilst I heard you speak it, that it was again renewed. 
My eyes were open, and I listened with attention. 

^^ Elder brother ! I now address myself to you. You see 
the fire kindled at Muskingum. I now tell you, that some 
words of that treaty we did not perfectly understand, at the 
time we made it. The Wyandots were foremost at that 



218 BURNET'S NOTES ON THE 

treaty; we, the three fires, folloMed them. You there told 
us, that it was not in your name that you treated; but in 
behalf of the thirteen lires, which lie along the great water. 
You told us you would throw the tomahawk into the river; 
but you know the waters in our woods are not deep ; and 
some foolish young men have had arms long enough, to 
reach tlie bottom, and again take it out. This day we will 
try to wipe away their bad actions; and to open their 
hearts to the voice of peace. 

''Elder brother! I live at the gate leading to all those na- 
tions, and to the Pottawattamies, and those living in the 
prairies; and we, the three fires, will do om- utmost to bury 
the hatchet so deep, that it can never be found; for it is 
this hatchet which has reduced us to misery and wretched- 
ness. I tell you this as the true sentiments of the three 
nations, for whom I speak. I cannot answer for the others. 

'' Elder brother ! You see the Mampum I hold is small. 
Our three fires, it would appear, are also small, as the 
other nations have often told you. They have also told 
you, that they were masters of the Ottawas, Chippeways, 
and Pottawattamies, and of their territory. Notwithstand- 
ing I am so small a man, I do now, in the name of the 
three nations, throw the hatchet into the middle of the great 
lake, where it will be so covered, as never to be again 
found, as long as white people and Indians live. 

" Elder brother ! This is all these three fires and the tribe 
of the Little Turtle, who unites ^^'ith us in sentiment, have 
at present to say. The hatchet is now buried forever, and 
we now expect your assistance. Your officers and oiu* 
warriors are now around us, let us join sincerely in making 
a solid and lasting peace. Peace with our three fires is 
now established. [A string of blue and white wampum.] 

'' Elder brother ! You do not forget any of your words, 
and I show you this belt, which you gave a great many 
years ago, to Wassi.ing, one of our nation. You told him, 
at that time, that upon this road, he should always come 



NORTH-WESTERN TERRITORY. 219 

and see you, — that he would always find it free from 
thorns. [Presented a road-belt.] 

" Elder brother! When you yesterday read to us the treaty 
of Muskingum, I understood you clearly. At that treaty, 
we had not good interpreters, and we were left partly un- 
acquainted with many particulars of it. I was surprised 
when I heard your voice, through a good interpreter, say 
that we had received presents and compensation for those 
lands which were thereby ceded. I tell you now, that we, 
the three fires, never were informed of it. If our uncles, 
the Wyandots, and grand-fathers, the Delawares, have 
received such presents, they have kept them to themselves. 
I always thought that we, the Ottaways, Chippeways, and 
Pottawattamies, were the true owners of those lands ; but 
now I find that new masters have undertaken to dispose of 
them: so that at this day we do not know to whom they of 
right belong. We never received any compensation for 
them. I don't know how it is, but ever since that treaty 
we have become objects of pit}', and our fires have been 
retiring from this country. Now, elder brother, you see we 
are objects of compassion. Have pity on our weakness 
and misfortunes ; and since you have purchased these lands, 
we cede them to you; they are yours. Perhaps at a future 
day your younger brothers may be made happy by becom- 
ing your children, should you extend to us your paternal 
protection. This is all your younger brothers, the three 
fires, have to say to you, our elder brother. Now the great 
men will address you." 

Tarkee, chief of the Wyandots, rose and said : 
^^ Brothers of the fifteen fires, listen! And you, my nephews, 
the Delawares and Six Nations, younger brothers, Shawa- 
nees and Miamies, and elder brothers, Ottaways, Chippe- 
ways and Pottawattamies, we are here assembled this day, 
in the presence of God above. Brothers, Americans! Our 
brothers, the Ottawas, Chippeways, and Pottawattamies, 
have related to you a little of what happened at the treaty 



220 BURNET'S NOTES ON THE 

of Muskingum, and observe that we have sold the lands to 
you without their consent or knowledge. However, elder 
brother, I hope you will explain to them how the country 
was first disposed of into your hands. These people now 
claim the land, and must establish their right with you. 
We had yesterday some counsel among ourselves on this 
subject. We feel much alarmed at these words of our 
brothers, claiming in this manner these lands. This is 
all I have at present to say, brothers." 

Tarkee rose again and continued thus : 

'^ Elder brothers of all nations ! We have all assembled to 
effect a good work. My nephews and I have been talking 
together, concerning the speech of Masass. We were a 
little confused by it, and now leave it to our brothers, the 
fifteen fires, to say whether we shall now speak in answer 
to it, or consider of it until to-morrow." 

The General replied : 

" Younger brothers ! As I am called upon by the Wyan- 
dots, to give my opinion whether they shall this day an- 
swer the speech of Masass, or consider of it till to-mor- 
row, I will give it freely. I do think it will be better to 
postpone until to-morrow; because, after reflecting coolly, 
and sleeping, the answer may be more dispassionate and 
pleasing to all. I am convinced that Masass had no inten- 
tion to hurt the feelings of his uncle, and grand-father; he 
only meant to inform me, that he had not received any 
goods or compensation, for the lands ceded by the treaty of 
Muskingum. When we come into articles, presently, for a 
permanent peace, all those nations who have any right to 
the lands in question, shall receive yet farther compensa- 
tion, I hope, to the satisfaction of all parties." 

Mash-i-pi-nash-i-wish thus spoke : 

" Elder Brother ! I take you by the hand ; I now tell 
you I am not come here to take umbrage at trifles, but to 
accomplish the great and serious work in which we are 
engaged. My heart is good, and I will not be interrupted 



NORTH-WESTERN TERRITORY. 221 

by little things. I now wish to know, in the name of our 
three fires, how long we may have to remain here, on this 
business. When I first entered this house my mind was 
prepared and made up. We live at a great distance from 
here, and feel anxious to return." 

The General replied thus : 

" Younger brothers! It is rather difficult for me to say how 
many days it may require to finally settle this good work. 
I will to-morrow listen to what our brothers, the Wyandots, 
and others, have to say upon the speech of Masass, and 
then I shall be perfectly ready to enter upon the main ob- 
ject of this meeting, and lay before you the articles of the 
treaty, which may establish the happiness and peace of the 
fifteen fires, and of the Indian nations now assembled." 

Masass rose and said : 

" I have heard the words of my elder brother. He has 
heard mine. I have reflected coolly ; I approve of them, 
and what I have said, I will never retract." 

Little Turtle rose and spoke as follows : 

" Elder brother ! I wish to ask of you and my brothers 
present one question. I would be glad to know what lands 
have been ceded to you, as I am uninformed in this par- 
ticular. I expect that the lands on the Wabash, and in 
this country, belong to me and my people. I now take the 
opportunity to inform my brothers of the United States 
and others present, that there are men of sense and under- 
standing among my people, as well as among theirs, and 
that these lands were disposed of without our knowledge 
or consent. I was yesterday surprised, when I heard from 
our grandfathers, the Delawares, that these lands had been 
ceded by the British, to the Americans, when the former 
were beaten by, and made peace with, the latter ; because 
you had before told us that it was the Wyandots, 
Delawares, Ottawas, Chippeways, Pottawattamies, and 
Sauckeys, who had made this cession." 

Council adjourned. 



222 BURNET'S NOTES ON THE 

Wednesday, 22d July. In Council. Present as before. 
The Little Turtle spoke as follows : 

" General Wayne! I hope you will pay attention to what 
I now say to you. I wish to inform you where your 
younger brothers, the Miamies, live, and also the Potta- 
wattamies of St. Joseph, together with the Wabash In- 
dians. You have pointed out to us the boundary line 
between the Indians and the United States ; but I now take 
the liberty to inform you, that that line cuts off from the 
Indians a large portion of country, Avhich has been enjoyed 
by my forefathers, time immemorial, without molestation, 
or dispute. The prints of my ancestors' houses are every- 
where to be seen in this portion. I was a little astonished 
at hearing you and my brothers who are now present, tell- 
ing each other, what business you had transacted together, 
heretofore, at Muskingum, concerning this country. It is 
well known by all my brothers present, that my forefather 
kindled the first fire at Detroit; from thence he extended 
his lines to the head waters of Scioto; from thence to its 
mouth; from thence do\ATi the Ohio to the mouth of the 
Wabash ; and from thence to Chicago, on Lake Michigan. 
At this place I first saw my elder brothers, the Shawanees. 
I have now informed you of the boundaries of the Miami 
nation, where the Great Spirit placed my forefather a long 
time ago, and charged him not to sell, or part with his 
lands, but to preserve them for his posterity. This charge 
has been handed down to me. I was much sm-prised to 
find that my other brothers differed so much from me on 
this subject; for their conduct would lead me to suppose, 
that the Great Spirit and their forefathers, had not given 
them the same charge that was given to me ; but on the 
contrary, had directed them to sell their lands to any white 
man who wore a hat, as soon as he should ask it of them. 
Now, elder brother, your younger brothers, the Miamies, 
have pointed out to you, their country, and also to our 



NORTH-WESTERN TERRITORY. 223 

brothers present. When I hear your remarks and propo- 
sals on this subject, I will be ready to give you an answer. 
I came with an expectation of hearing you say good things, 
but I have not yet heard what I had expected. 

" Brothers, the Indians ! I expected, in this council, that 
our minds would have been made up, and that we should 
speak with one voice. I am sorry to observe, that you are 
rather unsettled, and hasty in your conduct." 

Tarkee, the Wyandot, rose and spoke thus : 

^^ Elder bi'other ! Now listen to us. The Great Spirit 
above has appointed this day for us to meet together. I 
shall now deliver my sentiments to you, the fifteen fires. 
I view you, lying in a gore of blood. It is me, an Indian, 
who has caused it. Our tomahawk yet remains in your 
head — the English gave it to me to place there. 

" Elder brother f I now take the tomahawk out of your 
head; but with so much care that you shall not feel pain, 
or injury. I will now tear a big tree up by the roots, and 
throw the hatchet into the cavity which they occupy; where 
the waters will wash it away, to where it can never be 
found. Now, I have buried the hatchet, and I expect that 
none of my color, mil ever again find it out. I now tell 
you, that no one in particular can justly claim this ground 
— it belongs, in common, to us all. No earthly being has 
an exclusive right to it. The Great Spirit above is the true 
and only owner of this soil ; and he has given us all an 
equal right to it." [Spoken on a blue belt.] 

'■'■ Brotliers, the fifteen fires, listen! You now see that we 
have buried the hatchet. We still see blood around ; and 
in order to clear away all grief, we now wipe away the 
blood from around you, which together with the dirt that 
comes away with it, we bury %\dth the hatchet, in the hole 
we have made for them ; and replace the great tree, as it 
stood before ; so that our children, nor our children's chil- 
dren, can ever again discover it." [Spoken on a blue string 
attached, and both delivered.] 



224 BURNET'S NOTES ON THE 

" Brothers, listen ! I now wipe your body clean from all 
blood, with this white, soft linen (a white wampum) and I 
do it with as much tenderness as I am capable of. You 
have appointed this house for the chiefs of the different 
tribes to sit in with you, and none but good words ought to 
be spoken in it. I have swept it clean — nothing impure 
remains in it. 

^'Brothers, listen ! We are both placed on this ground. I 
now wipe the tears from your eyes, and open your ears. I 
see your throat is so stopped that you are nearly suffocated 
— I now open your throat, and make it quite clean, that 
whatever the Great Spirit may think proper for you to 
swallow, may go down, without any obstruction. I see 
also, that your heart is not in its true situation — I now 
place it in its proper position, that any thing you may hear 
from us, your brothers, may descend directly to it; and what 
you shall say, may come with truth and ease from it. 

" Brother^ I clear away yon hovering clouds, that we may 
enjoy a clear, bright day, and easily see the sun, which the 
Great Spirit has bestowed on us, to rise and set, continu- 
ally." [A white string.] 

'^ Brother f Listen to us, Indians, who now speak to you. 
The bones which lie scattered, of your ancient warriors, 
who fell in defence of the present cause, we gather all to- 
gether, and bury them now, and place this white board over 
them, that they may never again be seen by our posterity." 
[A white and blue belt and string.] 

" Brother warrior! Listen to us ! The great chiefs are 
now about to speak to you. You chiefs and warriors pres- 
ent, listen also ! 

^^ Brother! We speak not from our lips, but from our 
hearts, when we are resolved upon good works. I always 
told you that I never intended to deceive you, when we en- 
tered upon this business. It was never the intention of us 
Indians, to do so. I speak from my heart what I now say 
to you. The Great Spirit is now viewing us, and did he 



NORTH-WESTERN TERRITORY. 225 

discover any baseness or treachery, it would excite his just 
anger against us. 

" Brother f Listen to me. We are all of one mind, who 
are here assembled. This is a business not to be trifled 
with — it is a matter of the utmost concern to us. We hap- 
pily so far agree in handling our ancestors' records, who 
always worked for peace. 

" Brother! You have proposed to us to build our good 
work on the treaty of Muskingum. That treaty, I have 
always considered as formed upon the fairest principles. 
You took pity on us Indians — you did not do as our fathers, 
the British, agreed you should. You might by that agree- 
ment, have taken all our lands; but you pitied us, and let 
us hold part. I always looked upon that treaty to be bind- 
ing upon the United States, and us Indians. 

" Brotlwr! Listen to us Indians — I told you just now, that 
we were upon business of the greatest moment. I now 
conclude the great good work we have been employed in ; 
and with this, I cover the whole earth, that it may appear 
white, and shine all over the world. I hope the Great Spirit 
will have pity on us, and make this work lasting." [Four 
large mixed belts presented.] 

" Brother! I am going to relate to you the treaty made at 
Muskingum, in a few words. I have not forgotten that 
treaty ; neither have you. At that time we settled a peace, 
between the Delawares, Six Nations, Ottawas, Chippeways, 
Pottawattamies, and us Wyandots. It is very true there 
were not so many different nations then assembled, as are 
now present. We now establish a general, permanent, and 
lasting peace, forever. 

" Brothers ! We are all sensible that w^hen you struck the 
boundary, at that time, it run from Tuscarawas to a little 
below Loramies, where the fort stood, which was destroyed 
in 1752. I understand the line has since been moved, a 
little towards us. Be strong, brothers, and fulfil your en- 
gagements. 
15 



226 BURNET'S NOTES ON THE 

"Brothey-s, listen! I have told you that I speak from my 
heart — you see the speeches I have delivered. Peruse them 
and see whether or not I have spoken with sincerity. This 
is all your brothers of the different nations present have 
this day to say to you." [A large belt.] 

The General rose and spoke as follows : 

" Younger Brot/icrs! I have listened with great attention 
to every thing you have said this day. I find the hatchet 
has been buried, by all the nations present. I shall peruse 
these belts, speeches and boundaries, now laid before me, 
with great attention, and I am convinced they will agree 
with the records in my possession. The day is far spent, 
and we will now separate, to meet again to-morrow morn- 
ing, and proceed in this good work." Council adjourned. 

Thursday, '23d of July — In Council — Pi-esent as before. 
Blue Jacket, a Shawanee chief, arose and addressed the In- 
dians as follows : 

" Bfvthers! I hope you will not take amiss, my changing 
my seat in this council. You all know the Wyandots 
are our uncles, and the Delawares om* grandfathers ; and 
that the Shawanees are the elder brothers of the other na- 
tions present. It is therefore proper, I should sit next my 
grandfathers and uncles. I hope, younger brothers, you 
are all satistied ^ith what our uncles said yesterday, and 
that I have done every thing in my power, at all times to 
advise and support you." 

A-goosh-a-way, an Ottawa chief, spoke as follows: 

" Brothers, the Indians! When I last had my calumet of 
peace, our elder brothers, the Shawanees, were not present. 
I now otfer it to them, that the sentiments of their hearts 
may be similar to ours. All you nations present, know this 
to be the calumet of the three fires. It is six years since it 
was sent from the north, to Michilimackinac, to the three 
fires who Uve at the gate, to be presented by them to the 
Wyandots, Delawares, and Shawanees, ^Aith an injunction 
always to hide it when anything bad wa«! in motion : but 



NORTH-WESTERN TERRITORY. 227 

to display it when any thing good was contemplated. You 
all know the importance of this sacred token of peace 
among us Indians. 

^^BrotJier! I do not consider you as a brother — I view 
you as a friend, I present you this calumet, that came far 
from the north, and has gone round all the lakes. When 
it was sent to us, the stem pointed towards you (the east.) 
Now my friend, you may do with this pipe what you please. 
If you think proper, you may point it towards the fifteen 
fires, and afterwards turn it towards us. It is entirely at 
your disposal — I am ordered to deliver it into your hands.' 
[Delivers the pipe.] 

" Friend ! I now present you with a belt, which has been 
given to us by the Hurons, who received it from our bro- 
thers, the Americans, as a seat upon which we all should 
sit and rest. Our father, at Detroit, has always endeavor- 
ed to lead us off from this seat ; but we never listened to 
him — we consider it as a carpet, spread for our use ; and 
we now show it to you that you may recognize it." [A 
large belt, with men, and a house, designated upon it.] 

Masass, a Chippeway chief, arose and spoke as follows : 

^^ Elder brotlier! This great calumet comes, not fi'om the 
little lake near us, but from the great lake Superior, to the 
north : from whence our great chiefs and warriors come. 

^^ Elder brother! When I returned from the treaty of Mus- 
kingum, I repeated the substance of its proceedings, to my 
nation. You therefore see, that your words have gone a 
great way ; even to Lake Superior. 

^'■Brother! I live at a great distance from you; but when 
you call a council, I hear your voice immediately, and I 
come without delay. You now see all your brothers 
around you. We are well acquainted with what we are 
now doing, and what we have done heretofore. The white 
beads on this belt, denote the number of large villages, from 
the north, who have heard your word." [A belt with nine 
white squares.] 



228 BURNET'S NOTES ON THE 

Mash-i-pi-nash-i-wish, spoke as follows : 

^^Elder brother, and all you present, listen to me with atten- 
tion ! When the Great Sph'it made the world, he put me 
at Michilimackinac, where I first drew my breath. At first, 
I was entirely naked, and destitute; and as if he had com- 
passion on me, he pointed out to me the way to the white 
people. I followed his path and found them below Que- 
bec, at the Falls of Montmorenci. I was satisfied the Great 
Spirit pitied us, for you whites had all pity on us, and 
hence we always loved you. The Great Spirit has blessed 
you with greater knowledge than we are possessed of — 
you are therefore entitled to great respect. When we first 
found the French whites, we took them to our fires, and 
they have lived among us ever since." [A white string.] 

'■'■Elder brother! You see all your brothers assembled 
here, in consequence of your messages last winter. At 
that time the Ottawas, Chippeways, Pottawattamies, some 
who call themselves Sauckeys, and the Miamies, heard 
your words. You remember, brother, I then told you, that I 
would withdraw the dark cloud from your eyes, that you 
might know us again. You see I have done so, for you 
now behold us all clearly. At the same time I told you, I 
would open both your ears and my own, that we might 
hear each other clearly. Our ears are opened accordingly, 
and we hear and understand accurately. I now speak to 
you with a pure heart. This white wampum testifies our 
sincerity, and unanimity in sentiment. I now put your 
heart in its right place, as you did mine; that you may 
make known to the fifteen fires, what I now tell you." [A 
blue and white string.] 

^'' Elder brother ! When I view my situation, I consider 
myself as an object of compassion. 

" Elder brother, listen to me ! As I told you last winter, if 
we Indians have acted wrong, we are not entirely to blame. 
It was our father, the British, who urged us to bad deeds, 
and reduced us to our present state of misery. He per- 



NORTH-WESTERN TERRITORY. 329 

suaded us to shed all the blood we have spilled. You, this 
day, see me fulfil my promise. With this belt I cover all 
the slain, together with our evil actions." [A white belt.] 

" Elder brother, listen to me with attention ! I speak in 
the name of all present. You see that I am worthy of your 
compassion. When I look upward, I see the sky serene 
and happy, and when I look on the earth, I see all my chil- 
dren wandering in the utmost misery and distress. I tell 
you this, to inform you, I have never moved my fire — that 
I still live where the Great Spirit first placed me." [A 
belt.] 

^^ Elder brother, listen ! The Great Spirit above hears us, 
and I trust we shall not endeavor to deceive each other. I 
expect what we are about to do, shall never be forgotten as 
long as we exist. When I show you this belt, I point out 
to you your children, at one end of it, and mine at the 
other; and I would solicit the fifteen fires, and their women 
and children, to have pity on my helpless offspring. I now 
tell you that we will assist you, to the utmost of our power, 
to do what is right. Remember, we have taken the Great 
Spirit, to witness our present actions. We will make a 
new world, and leave nothing on it, to incommode our 
children." [A white belt.] 

" Elder brother ! I now use this white wampum, that the 
words I utter, may descend to the bottom of your heart, and 
that of the fifteen fires. 

" Elder brother! I was not disposed to take up the hatchet 
against you ; it was forced into my hands by the white 
people. I now throw it into the middle of the deepest lake, 
from whence no mortal can bring it back. 

^^ Brother! I have thrown my hatchet into a bottomless 
lake, from whence it never will return. I hope you will 
also throw yours so far, that it may never again be found." 
[A string blue and white.] 

'■^Brother! After hearing all your words, my heart feels 
easy, and in its proper place. I do not speak to you about 



230 BURNET'S NOTES ON THE 

lands ; for why should I? You have told us we might hunt 
upon your lands. You need not apprehend any injury from 
us — we will for the future, live and hunt in peace and hap- 
piness. 

'■^ Elder brother ! You see before you all my war-chiefs. 
They never go ahead of their commander ; they ever obey 
and follow his orders. When I was here last winter you 
expressed a desire to see them. You told me you would 
treat them well, but they say they have not seen this treat- 
ment, and enquire the cause of this alteration." [A blue 
string.] 

New Corn, a PottaAvattamie chief, rose and spoke thus : 

^^ Elder brother! Had you seen me in former days you 
would have beheld a great and brave chief, but now I am 
old and burdened with the weight of years. 

" Elder brother ! I take you and the fifteen fires by the 
hand, with the lively feelings of a brother. I am old, but 
age does not prevent me from assisting in good works. I 
am happy and satisfied with the words you have spoken, 
and those delivered by my brother Indians. Our satisfac- 
tion is general; — when a chief rises to speak I wish him 
to speak nothing but truth ; because I feel for my young 
men, women, and children, whose happiness I have deep 
at heart. I must observe, that I never received any part 
of the compensation given at the treaty of Muskingum. 
Our chiefs are all well disposed, and I hope every thing 
that passes between you and them, may be marked with 
sincerity and truth. My nation consists of one thousand 
men, who live at and between Detroit and Lake Michigan. 
We have the Miamies for our allies, and we mutually 
assist each other. I am by bu-th a Sac ; I married a Potta- 
wattamie, and have resided amongst them. Twenty-three 
chiefs of that nation are inferior to me in command." [A 
belt.] 

The General spoke as follows : 

" Younger brothers ! I have heard, with due attention, all 



NORTH-WESTERN TERRITORY. 231 

that you this day have said. To-morrow I will reply fully 
to you. My plate and my table are not very large. They 
could not entertain all present at one time, but I hope to 
see all your chiefs in person, and in due rotation, before we 
part. In the meantime you must acknowledge that I have 
helped your plates pretty well, and kept them full all 
around me. I will send you a little liquor this evening; 
but I hope you will keep your heads clear to attend to 
what I shall say to-morrow." Council adjourned. 

Friday, 24th July. In council. Present as before. Blue 
Jacket, a Shawanee chief, rose and spoke as follows : 

" Brothers ! You know that we, the Seven Nations, have 
always been of one opinion. You know also that our 
uncles have always taken care of the great fire, they being 
the oldest nation. Our elder brother will therefore address 
his words to our uncle, the Wyandot, who will hand them 
round through the different nations." 

The General rose and spoke as follows : 

^^ Brothers, the Ottawas, Chippeways, and Pottawattamies ! 
Open your ears and be attentive ! I have heard with very 
great pleasure, the sentiments delivered by Masass, as the 
unanimous voice of your three nations. When Mash-i-pi- 
nash-i-wish, your uncle, came to me last winter, I took him 
to my bosom, and delivered him the key of all my forts 
and garrisons; and my heart rejoices when I look around 
me, and see so many of your chiefs and warriors assembled 
here, in consequence of that happy meeting. It will give 
infinite pleasure to General Washington, the great chief of 
the fifteen fires, when I inform him you have thrown the 
hatchet, with so strong an arm, that it has reached the 
middle, and sunk to the bottom of the great lake, and that 
it is now so covered with sand that it can never again be 
found. The belt which was given to Wassung, many 
years since, establishing a road between you and the fifteen 
fires, I now return, renewed and cleared of all the brush 
and brambles with which time had scattered it. 



232 BURNET'S NOTES ON THE 

" Brothers of the three great fires f You say you thought you 
were the proper owners of the land, that was sold to the 
fifteen fires, at the treaty of Muskingum ; but you say also, 
that you never received any compensation for those lands. 
It was always the wish and intention of the fifteen fires, 
that the true owners of those lands should receive a full com- 
pensation for them. If you did not receive a due propor- 
tion of the goods, as original proprietors, it was not the 
fault of the United States; on the contrary, the United 
States have paid twice for those lands; first at the treaty 
of Mcintosh, ten years ago, and next at that of Muskingum, 
six years since. 

" Younger brothers^ Notwithstanding that these lands 
have been twice paid for, by the fifteen fires, at the places 
I have mentioned, yet such is the justice and liberality of 
the United States, that they will now, a third time, make 
compensation for them." [A large string to the three fires.] 

" Brothers, the Miamies! I have paid attention to what the 
Little Turtle said, two days since, concerning the land-s 
which he claims. He said his father first kindled the fire 
at Detroit, and stretched his line from thence to the head 
waters of Scioto ; thence down the same to the Ohio ; 
thence down that river to the mouth of the Wabash, and 
from thence to Chicago, on the south west end of lake 
Michigan ; and observed that his forefathers had enjoyed 
that country, undisturbed, from time immemorial. 

" Brothers! These boundaries enclose a very large space 
of country indeed; they embrace, if I mistake not, all the 
lands on which all the nations now present live, as well as 
those which have been ceded to the United States. The 
lands which have been ceded have within these three days 
been acknowledged by the Ottawas, Chippeways, Potta- 
wattamies, Wyandots, Delawares, and Shawanees. The 
Little Turtle says, the prints of his forefathers' houses are 
everywhere to be seen within these boundaries. Younger 
brother! it is true these prints are to be observed, but at the 



NORTH-WESTERN TERRITORY. 233 

same time we discover the marks of French possessions 
throughout this country, which were established long before 
we were born. These have since been in the possession of 
the British, who must, in their turn, relinquish them to the 
United States, when they, the French and the Indians, will 
be all as one people. [A white string.] 

" I will point out to you a few places where I discover 
strong traces of these establishments ; and first of all, I find 
at Detroit, a very strong print, where the fire was first kin- 
dled by your forefathers ; next at Vincennes on the Wabash; 
again at Musquiton, on the same river ; a little higher up 
on that stream, they are to be seen at Ouitanon. I discover 
another strong trace at Chicago; another on the St. Joseph's 
of lake Michigan. I have seen distinctly, the prints of a 
French and of a British post, at the Miami villages, and of 
a British post at the foot of the Rapids, now in their posses- 
sion. Prints, very conspicuous, are on the Great Miami, 
which were possessed by the French, forty-five years ago ; 
and another trace, is very distinctly to be seen at Sandusky. 

" It appears to me, that if the Great Spirit, as you say, 
charged your forefathers to preserv^e their lands entire, for 
their posterity, they have paid very little regard to the sa- 
cred injunction, for I see they have parted with those lands 
to your fathers the French — and the English are now, or 
have been, in possession of them all : therefore, I think the 
charge urged against the Ottawas, Chippeways and other 
Indians, comes with a bad grace indeed, from the very peo- 
ple who, perhaps, set them the example. The English and 
French both wore hats ; and yet your forefathers sold them, 
at various times, portions of your lands. However, as I 
have already observed, you shall now receive from the Uni- 
ted States, further valuable compensation for the lands you 
have ceded to them by former treaties. 

" Younger brothers] I will now inform you who it was 
who gave us these lands in the first instance ; — it was your 
fathers the British, who did not discover that care for your 



234 BURNET'S NOTES ON THE 

interests which you ought to have experienced. This is the 
treaty of peace, made between the United States of Ame- 
rica and Great Britain, twelve years ago, at the end of a 
long and bloody war, when the French and Americans 
proved too powerful for the British : on these terms they ob- 
tained peace. [Here part of the treaty of 1783 was read.] 

" Here you perceive, that all the country south of the great 
lakes has been given up to America; but the United States 
never intended to take that advantage of you, which the 
British placed in their hands; they wish you to enjoy your 
just rights, without interruption, and to promote your hap- 
piness. The British stipulated to surrender to us all the 
posts on this side of the boundary agreed on. I told you 
some days ago, that treaties should ever be sacredly ful- 
filled by those who make them ; but the British, on their 
part, did not find it convenient to relinquish those posts as 
soon as they should have done; however, they now find it 
so, and a precise period is fixed for their delivery. I have 
now in my hand the copy of a treat}/, made eight months 
since, between them and us, of which I will read you a 
little. [First and second articles of Mr. Jay's treaty read.] 

" By this solemn agreement they promise to retire from 
Michilimackinac, Fort St. Clair, Detroit, Niagara, and all 
other places on this side of the lakes, in ten moons from 
tliis period, and leave the same to the full and quiet posses- 
sion of the United States. 

" Brothers ! All nations present, now listen to me ! 

" Having now explained those matters to you, and in- 
formed you of all things I judged necessary for your infor- 
mation, we have nothing to do but to bury the hatchet, 
and draw a veil over past misfortunes. As you have 
buried our dead, with the concern of brothers, so I now 
collect the bones of your slain warriors, put them into a 
deep pit which I have dug, and cover them carefully over 
with this large belt, there to remain undisturbed. I also 
dry the tears from your eyes, and wipe the blood from your 



NORTH-WESTERN TERRITORY. 235 

bodies, with this soft white linen. No bloody traces will 
ever lead to the graves of your departed heroes ; with this, 
I wipe all such away. I deliver it to your uncle, the Wy- 
andot, who will send it round amongst you. [A large belt, 
with a white string attached.] 

" I now take the hatchet out of your heads, and with a 
strong arm, throw it into the centre of the great ocean, 
where no mortal can ever find it; and I now deliver to you 
the wide and straight path to the fifteen fires, to be used 
by you and your posterity, forever. So long as you con- 
tinue to follow this road, so long wdll you continue to be a 
happy people. You see it is straight and wide, and they 
will be blind indeed, who deviate from it. I place it also, 
in your uncle's hands, that he may preserve it for you. [A 
large road belt.] 

" I will, the day after to-morrow, show you the cessions 
which you have made to the United States, and point out 
to you the lines which may, for the future, divide your lands 
from theirs; and, as you will have to-morrow to rest, I 
will order you a double allowance of drink, because we 
have now buried the hatchet, and performed every necessary 
ceremony, to render propitious, our renovated friendship." 

Tarkee, chief of the Wyandots, arose, and spoke as 
follows : 

" Brothers, the fifteen fires, listen ! and all you chiefs and 
warriors present. This is a day appointed by the Great 
Spirit above, for us ; he has taken pity on us all, and dis- 
posed us to perfect this good work. You have all heard 
what our elder brother has said on these two belts. We 
will all now return thanks to this great chief, and to the 
great chief of the fifteen fires, for their goodness towards 
us ; and we will, at the same time, offer our acknowledge- 
ments to the Great Spirit, for it is he alone, who has 
brought us together, and caused us to agree in the good 
works which have been done. My thanks are also due to 
you, chiefs and warriors present." Council adjourned. 



CHAPTER XII. 

Treaty of Greenville concluded, signed and ratified. — Numbers of the differ- 
ent tribes of Indians parties to the treaty. — Proclamation of Gen. Wayne. 

Monday, 27th July. In Council. Present as before. 
The General arose and addressed the Indians as follows : 

" Younger hi-others ! When we were last in council, I in- 
formed you that I would, on this day, describe the general 
boundary line, that shall be proposed, to divide the lands of 
the United States, or fifteen great fires of America, from those 
belonging to the Indian nations, which I will now proceed 
to do, in such a manner as to prevent mistakes or disputes 
in future, respecting that boundary. I will therefore read 
and explain to you, the several articles of a treaty, upon 
which a permanent peace shall be established between the 
United States of America, and all the Indian tribes north- 
west of the Ohio. 

" You will, therefore, younger brothers, open your ears 
to hear, and your hearts to understand, all and every of the 
articles of agreement which I hold in my hand." 

[Here the General read the proposed articles of treaty, 
and in explanation of the 3d, made the following obser- 
vations :] 

" Younge?' brothers f I wish you clearly to understand the 
object of these reservations. They are not intended to 
annoy you, or impose the smallest degree of restraint on 
you, in the quiet and full possession of your lands, but to 
connect the settlements of the people of the United States, 
by rendering a passage from one to the other, more practi- 



NORTH-WESTERN TERRITORY. 237 

cable and convenient, and to supply the necessary wants of 
those who shall reside at them. They are intended, at the 
same time, to prove convenient and advantageous to the 
different Indian tribes residing and hunting in their vicinity, 
as trading-posts will be established at them, to the end, 
that you may be furnished with goods, in exchange for 
your furs and skins, at a reasonable rate. 

" You will consider, that the principal part of the now 
proposed reservations, were made and ceded by the Indians, 
at an early period, to the French; the French, by the treaty 
of peace of 1763, ceded them to the British, who, by the 
treaty of 1783, ceded all the posts and possessions they then 
held, or to which they had any claim, south of the great 
lakes, to the United States of America. The treaty of 
Muskingum, embraced almost all these reservations, and 
has been recognised by the representatives of all the na- 
tions now present, during the course of last winter, as the 
basis upon which this treaty should be founded. 

" Younger brothers! I have now proposed to you, articles of 
a treaty, calculated to ensure our future friendship and hap- 
piness; and which may continue till time shall be no more. 
I present this belt, emblematic of the ten articles which 
compose it, to your uncles, the Wyandots." [A belt.] 

Tarkee, chief of the Wyandots, arose and said : 

" Brothers^ the fifteen United States, listen ! and you, my 
nephews, the Delawares, brothers Ottawas, Chippeways, 
Pottawattamies, Shawanees and Miamies ! This is the day 
the Great Spirit has appointed for us, wherein we have 
completed the good work of peace. We have opened our 
ears, and we all understand well what has just now been 
said. We have paid the utmost attention to all your words, 
in describing the boundary between the United States, and 
us Indians ; and the roads you have made, which shall lead 
through our country, to the different posts and reservations 
you have mentioned. We thank you for your information ; 
and we are persuaded you have acted with great equity 



238 BURNET'S NOTES ON THE 

and moderation, in dividing the country as you have done; 
we are highly pleased with your humanity towards us. 

"Listen, you chiefs and warriors present! Our elder 
brother has made proposals to us, which require the great- 
est deliberation among us all. I do now request of you to 
consult upon this business, without delay, that we may be 
enabled to return an answer to our brother to-morrow. 
Make no delay in deciding. This is all I have to say." 

The Little Turtle, a Miami chief, arose and said: 

" Listen, you chiefs and warriors, to what I am about to 
say to you ! To you I am speaking. We have heard what 
our elder brother has said to us this day. I expected to 
have heard him deliver those words, ever since we have 
been here ; for which reason I observed, that you were pre- 
cipitate, on your part. This is a business of the greatest 
consequence to us all; it is an affair to which no one 
among us can give an answer. Therefore, I hope that we 
will take time to consider the subject; that we will unite in 
opinion, and express it unanimously. Perhaps our brothers, 
the Shawanees, from Detroit, may arrive in time to give us 
their assistance. You, chiefs present, are men of sense 
and understanding : this occasion calls for your serious de- 
liberation ; and you, my uncles, the Wyandots, and grand- 
fathers, the Delawares, view our situation in its true point 
of consideration." 

Council adjourned. 

Tuesday, 28th July. In Council, Present as before. 
Tarkee, chief of the Wyandots, arose and said: 

^^ Elder brother! You told us yesterday, to deliberate seri- 
ously on the subject of your communications to us. We, 
the Wyandots, Delawares, and Shawanees, have not yet 
formed our opinions : more time is required to consider of 
so important a matter. To-morrow morning we will be 
prepared to answer you : our minds will by that time be 
made up." 

The Sun, a Pottawattamie chief, spoke as follows : 



NORTH-WESTERN TERRITORY. 239 

" Elder brother! If my old chiefs were living, I should not 
presume to speak in this assembly ; but as they are dead, I 
now address you, in the name of the Pottawattamie s ; as 
Masass has spoken in the name of the three fires, of which 
we are one: I have to express my concurrence in senti- 
ment with him. It is two years since I assisted at the 
treaty of Vincennes. My voice, there, represented the 
three fires. I then said it would require three years to 
accomplish a general peace; I am now of a different 
opinion, for I am confident it will be completed at this 
meeting. 

" Elder brother ! I now bury the hatchet forever, and tell 
you that all the bad and imprudent actions which have 
been committed, were not done by me, the Indian. 

^^ Elder brother ! You now see why I have done wrong. 
This war-belt caused us to spill much blood, through this 
country. The Great Spirit has, at length, put a period to 
the influence of this pernicious belt. You must know, that 
it was presented to us by the British; and has involved us, 
for four years past, in misery and misfortunes. I am re- 
joiced to think, it can never again lead us astray, even if a 
fresh war should break out, with redoubled fury. We have 
already the loss of too many chiefs and warriors to lament, 
who fell a sacrifice in this destructive contest. 

^^ Elder brother! You have been told that the Pottawatta- 
mies are always foremost in mischief. I now tell you, that 
was not a true representation. The Pottawattamie sits in 
the centre ; nothing takes its beginning from thence. It is 
the three people who lived at the Miami villages, who as- 
sumed to themselves the privilege of going before. But 
this cannot be unknown to you. 

^^ Elder brother ! I shall now dispose of this belt. I live 
too far from the lakes ; and my arm is not long enough to 
throw it into the centre of any of them; neither have I 
strength sufficient to tear up a big tree, and bury it beneath 
its root; but I will put it from me as effectually, by surren- 



240 BURNET'S NOTES ON THE 

dering it into your hands, as by doing with it any thing 
else. You may burn it, if you please, or transform it into 
a necklace, for some handsome squaw; and thus change 
its original design and appearance; and prevent for ever 
its future recognition. It has caused us much misery, and 
I am happy in parting with it." [A war belt.] 

" Elder brother ! I have now made you acquainted with 
the determined resolution of the three fires, and if any 
other nation should pretend to tell you that their strength 
and influence can hereafter stir us up to war, do noit be- 
lieve them; for I now tell you, that we, the three fires, are 
not only immoveable in our determination, but being the 
most powerful people, have nothing to dread from their 
compulsion." 

The New Corn, a Pottawattamie chief, arose and said : 
" All you nations present, I must tell you that I am much 
surprised that you cannot agree in opinion on the good 
work now before you. You do not act well ; you undo to- 
day what you did yesterday. It would appear as if you 
were ashamed to come for"\vard with one voice. Why do 
you hesitate ? You know good works are always better 
when executed with decision. I now entreat you all, to 
join hand and heart, and finish this good work with our 
elder brother." 

The Little Turtle, a Miami chief, spoke as follows : 
" All you present must know that every kind of business, 
especially such as we are at present engaged in, exhibits 
difficulties which require patience to remove, and consid- 
eration to adjust. Your younger brothers, the Miamies, 
again light the calumet of peace, and present it to the 
Shawanees who have not yet smoked out of it. 

^^ Elder brother! Yom" younger brothers, the Miamies, 
now thank you for the sentiments you have expressed, and 
for burying the hatchet ; they offer, at the same time, their 
acknowledgements to their elder brother, of the fifteen 
fires, for throwing his tomahawk, with so strong an arm, 



NORTH-WESTERN TERRITORY. 241 

into the great ocean. We are convinced of the sincerity 
with which these actions were performed. I do not believe 
the hatchet was ever before buried so deep. I fancy it has 
always, heretofore, been cast into shallow, running water, 
which has washed it up on dry land, where some of our 
foolish young men have always found it, and used it, to 
involve their people in trouble. 

^^ Elder brother ! I wish we could all unite and give our 
elder brother at once a final answer to his propositions. I 
am surprised that you, my uncles, the Wyandots, and you, 
my grandfathers, the Delawares, and you, Shawanees, 
should say you were not ready. Your younger brothers 
expect that you will call them all together, and make them 
acquainted with your sentiments first, as elder brothers 
ought to do, and afterwards to listen to the opinion of your 
younger brothers." 

Mash-i-pi-nash-i-wish, chief of the Chippeways, arose 
and said : 

" Elder brother, listen to me ! My mind has long been 
made up ; it is not necessary for me to consider upon what 
I am already resolved upon : we have been here a long time, 
and ought, without further delay, to finish this good work. 
We, the three nations, have been long united in opinion; we 
fully agree to your propositions ; we want no further private 
counsel. We should lay aside trifling; our tardy brothers 
have got their wives with them ; they are content and easy; 
ours are at home, and we are anxious to be with them." 
Council adjourned. 

Wednesday, 29th July. Council present as before. 

Tarkee, chief of the Wyandots, spoke as follows : 

" Elder brother of the fifteen fires, listen to us ! All you 
that are assembled here, brother Indians, listen also. We 
are now come forward to give you an answer to what you 
proposed to us, the other day, as my nephews, the Dela- 
wares, and my younger brothers, the Shawanees, have 
agreed upon what they will say to you. We request you, 
16 



042 BURNET'S NOTES ON THE 

brother, to relate this answer to our brother Indians, after 
I have deUvered it to you." 

The following WTitten address was then presented : 

" Greenville, Head Quarters, 29th July, 1795. 

'^Brothers of the Fifteen United Fires, listen to the voice 
of the Wyandots. and their confederates of Sandusky- ! We 
take the Delawares. our nephews, and our younger broth- 
ers, the Shawanees, by the hand, as their sentiments agree 
with ours, and have one heart and voice to speak. I now 
speak, brothers, in the name of the before mentioned tribes, 
in answer to your proposals, made to us two days ago. 
As we have said before, that you had done the greatest jus- 
tice to us, we do now again, acknowledge it a second time. 

'•Brothers, listen icell! We have only the follo\\-ing ob- 
jections to make; you mentioned in one of the articles, that 
you would not protect us from the mischief that might take 
place amongst ourselves. Remember well, brothers, the 
speech you sent us, dated the 1st Januar}', 1795. We shall 
onlv give p£irt of the contents, and these are the words : 

" 'Your father, General Washington, the President of the 
Fifteen Great Fires of America, will take you under his pro- 
tection, and has ordered me to defend his dutiful children 
from any injury that may be attempted against them, on 
account of their peaceable disposition towards the United 
States; for which purpose he will order a fort or fortifica- 
tion to be built at the foot of the Rapids of Sandusk\-, on 
the reserved lands, as soon as the season and circumstan- 
ces will permit.' 

''Brothers! We never expected that you would change 
your sentiments regarding our safet}% on which depends 
our future happiness. 

" Brothers ! Reconsider this beneficial part of the arti- 
cles — don't change your sentiments — ^hold fast to General 
Washington's orders, as we do. We shall never be happy 
or contented, if you do not take us under your powerful 
wings ; we are sensible that no one dare pluck a feather 



NORTH-WESTERN TERRITORY. 243 

from your body ; if they do, the fifteen speared arrows in 
your claws, will display in every direction. 

'• BrotJiers, listen ! You have requested of us all, to give 
you an account of the nation or nations, the true owners of 
the soil north-west of the Ohio, of the boundaries you have 
laid off two days ago. We will ask you a few questions. 
Did you not, in the last war between you and the British, 
divide the country? He gave one part to you. — the other 
he resented for himself. "We are well acquainted, that you 
are master of the lands, and you have now thought pro- 
per to return a large tract of the country to us again. 

•• Brothers ! We leave the disposal of the country- wholly 
in your breast. Make out the boundaries that shall divide 
the land between our nations, as we, the Wyandots, Dela- 
wares, and Shawanees, wish to know if we are entitled to 
any part of it. We ^vish to inform you of the impropriety 
of not fixing the bounds of ever}' nation's right* , for the 
manner it now lies in, would bring on disputes forever, 
between the different tribes of Indians ; and we ^^ish to be 
by ourselves, that we may be acquainted how far we might 
extend our claims, that no one may intrude on us, nor we 
on them. 

•• Brothers! This speech we dehver you. is the unanimous 
opinion of the chiefs, the Wyandots, Ottawas, Delawares, 
and Six Nations of Sandusky, and the Delawares and 
Sha'wanees, from the \vaters of the Miami river. 

" My nephews, the DelaAvares. and my younger brothers, 
the Shawanees, have further added to this speech ; it is 
their wish from their hearts, that the present proposed plan 
should be left to your consideration, as you had pit)- on us 
in setthng the present business in such a manner as you 
thought proper. You may rest assured brothers, that these 
are our sentiments. 

J. WILLL\MS, 

Agent and Commissioner for the Chiefs 

and Warriors of Sandusky.'' 



244 BURNET'S NOTES ON THE 

The Little Turtle, a Miami chief, arose and spoke as 
follows : 

" Elder brother ! and all you present ! I am going to say 
a few words, in the name of the Pottawattamies, Weas, 
and Kickapoos. It is well known to you all, that people 
are appointed on those occasions, to speak the sentiments 
of others; therefore am I appointed for those three nations. 

^^ Elder brotJier ! You told your younger brothers, when 
we first assembled, that peace was your object. You 
swore your interpreters before us, to the faithful discharge 
of their dut}% and told them the Great Spirit would punish 
them, did they not perform it. You told us it was not you, 
but the President of the Fifteen Fires of the United States, 
who spoke to us; that whatever he should say, should be 
firm and lasting ; that it was impossible he should say what 
was not true. Rest assured, that your younger brothers, 
the Miamies, Ottawas, Chippeways, Pottawattamies, Shaw- 
anees, Weas, Ivickapoos, Piankeshaws, and Kaskaskias, 
are well pleased with your words, and are persuaded of 
their sincerity. You have told us to consider of the boun- 
daries you showed us ; your younger brothers have done 
so, and now proceed to give you their answer. [A white 
string.] 

" Elder brother ! Your younger brothers do not wish to 
hide their sentiments from you. I wish them to be the 
same with those of the Wyandots [and Delawares. You 
have told us, that most of the reservations you proposed 
to us, belonged to our fathers, the French and British. 
Permit your younger brothers to make a few observations 
on this subject. 

" Elder brother ! We wish you to listen with attention to 
our words. You have told your younger brothers, that the 
British imposed falsehoods on us, when they said, the Uni- 
ted States wished to take our lands from us, and that the 
United States had no such design. You pointed out to us 
the boundary line, which crossed a little below Loramies' 



NORTH-WESTERN TERRITORY. 245 

store, and struck Fort Recovery, and ran thence to the 
Ohio river, opposite the mouth of Kentucky river. 

^^ Elder brother! You have told us to speak our minds 
freely, and we now do it. This line takes in the greater 
and the best parts of your brothers' hunting ground; there- 
fore, your younger brothers are of opinion, you take too 
much of their lands away, and confine the hunting grounds 
of our young men within limits too contracted. Your bro- 
thers, the Miamies, the proprietors of those lands, and all 
your younger brethren present, wish you to run the line, as 
you mentioned, to Fort Recovery, and to continue it along 
the road from thence to Fort Hamilton, on the Great Mi- 
ami river. This is what your brothers request you to do ; 
and you may rest assured of the free navigation of that 
river, from thence to its mouth, forever. 

" Brother ! Here is the road we wish to be the boundary 
between us. What lies to the east, we wish to be yours; 
that to the west, we would desire to be ours." [Presenting 
a road belt.] 

^^ Elder brother! h\ speaking of the reservations, you say, 
they are designed for the same purpose as those, for which 
our fathers, the French and English, occupied them. Your 
younger brothers now wish to make some observations on 
them. 

" Elder brother ! Listen to me, with attention. You told 
us, you discovered, on the Great Miami, traces of an old 
fort. It was not a French fort, brother ; it was a fort built 
by me. You perceived another at Loramies'; 'tis true a 
Frenchman once lived there, for a year or two. The Mi- 
ami villages were occupied as you remarked ; but it was 
unknown to your younger brothers, until you told them, 
that we had sold land there to the French or English. I 
was much sm'prised to hear you say, it was my forefathers 
had set the example to the other Indians, in selling their 
lands. I will inform you in what manner the French and 
English occupied those places. 



246 BURNET'S NOTES ON THE 

^^ Elder Brother! These people were seen by our fore- 
fathers first at Detroit; afterwards we saw them at the Mi- 
ami village — that glorious gate which your younger bro- 
thers had the happiness to own, and through which all the 
good words of our chiefs had to pass, from the north to the 
south, and from the east to the west. Brothers, these 
people never told us, they wished to purchase our lands 
from us. 

"Elder Brother ! I now give you the true sentiments of 
your younger brothers, the Miamies, with respect to the re- 
servation at the Miami villages. We thank you for kindly 
contracting the limits you at first proposed. We wish you 
to take this six miles square, on the side of the river where 
your fort now stands, as your younger brothers wish to in- 
habit that beloved spot again. You shall cut hay for your 
cattle wherever you please, and you shall never require 
in vain the assistance of your younger brothers, at that 
place. 

" Elder Brother ! The next place you pointed to, was the 
Little River, and said you wanted two miles square at that 
place. This is a request that our fathers, the French or 
British never made us — it was always ours. This carrying 
place has heretofore proved, in a great degree, the subsist- 
ence of your younger brothers. That place has brought to 
us in the course of one day, the amount of one hundred dol- 
lars. Let us both own this place, and enjoy in common the 
advantages it affords. You told us at Chicago, the French 
possessed a fort; we have never heard of it. We thank 
you for the trade you promised to open in our country ; and 
permit us to remark, that we wish our former traders may 
be continued, and mixed with yours. [A belt.] 

" Elder Brother! On the subject of hostages, I have only 
to observe, that I trust all my brothers present are of my 
opinion, with regard to peace and our future happiness. I 
expect to be with you every day, when you settle on your 
reservations, and it will be impossible for me or my people 



NORTH-WESTERN TERRITORY. 247 

to withhold from you a single prisoner, therefore we don't 
know why any of us should remain here. These are the 
sentiments of your younger brothers present on these par- 
ticulars." [A white string.] 

Asimethe, a Pottawattamie chief, arose and spoke as fol- 
lows: 

^^ Elder Bi^other! You have heard the voice of your 
younger brothers present. I have nothing to add to what 
has been said. Where could I find a contrary opinion? I 
have only to hope that we may all experience the truth of 
what you have told us in the name of General Washington, 
who sent you. All our treaties hitherto, have failed; this, 
I am confident, will be lasting. These words come from 
the three fires, and we hope the Great Spirit may witness 
our sincerity." [A white string.] 

Council adjourned. 

Thursday, 30th July. In Council. Present as before. 
Asimethe thus resumed his address : 

" Elder Brother ! What I am about to say, is the voice of 
all present. You know the Great Spirit witnesses our 
words — I am afraid to tell an untruth. I have nothing to 
add to what has been said; it meets the full approbation 
of all your younger brothers. You know we have all buried 
the hatchet, together with our bad actions. Why, there- 
fore, do you wish to detain hostages from among us? You 
may depend upon our sincerity. We cannot but be sincere, 
as your forts will be planted thick among us. Although an 
Indian, I respect the words of a good man|; and when I 
pledge my faith, I do not deviate from my engagements. 
Your people with us will undoubtedly be restored as soon 
as possible : I cannot fix any precise period for their de- 
livery, for perhaps I could not exactly fulfil my promises, 
and I should be sorry to give you cause to doubt my ve- 
racity. 

The Shawanees, Miamies, and Delawares, who lived at 
the gate, and who caused all our misfortunes, have wisely 



248 BURNET'S NOTES ON THE 

buried the hatchet forever : they wish to return to their for- 
mer situation, and enjoy again their favorite abode. 

^^ Elder Brother ! Do not view my freedom Mrith displea- 
sure." [A white string.] 

Kee-a-hah, a Kickapoo chief, arose and said: 

" I am sent by my nation to hear what the assembled na- 
tions should say at this treaty; together with the words of 
our elder brother. I shall now speak a few words through 
the Little Turtle." [Presents a pipe to smoke.] 

The Little Turtle said— 

^^ Elder Brother! The United States, and you elder broth- 
ers present, look at this calumet — you see it is white. It is 
an instrument given to us Indians by the Great Spirit, to 
assist in communicating our sentiments to each other. 

^^Elder h^other! I return you thanks for the good words 
you sent among us ; in consequence of which we are here 
this day. We, the Kickapoos, and Kaskaskias, are happy 
in perceiving your humanity towards us. We see, with 
great pleasure, all our elder brothers now take you by the 
hand; and we sincerely hope your words to each other 
may never be violated. We present this calumet as a 
token of our lasting friendship towards you, and of our 
anxious desire that this good work may last for ever." [A 
pipe delivered.] 

Mash-i-pi-nash-i-wish, chief of the Chippeways, arose 
and spoke as follows : 

^^ Elder brother, listen to what I now say ! Your younger 
brothers, that is, the Ottawas, Chippeways, and Pottawat- 
tamies, have told you that they were but one people, and 
had but one voice. They have said the truth, and what I 
now say is in the name of the three fires. You have asked 
of us, the island of Michilimackinac, and its dependencies, 
on the main, where the fort formerly stood; they are ceded 
to you, for ever, with the utmost cheerfulness. You have 
also asked a piece of ground, at the entrance of the straits, 
to cut your wood on, and for other necessary purposes; 



NORTH-WESTERN TERRITORY. 249 

this is also granted to you ; and I further add to it, the 
Isle de Bois Blanc, as an instance of our sincere disposition 
to serve and accommodate you. 

You know, brother, when the French formerly possessed 
this country, we were but one people, and had but one fire 
between us; we now entertain the hope of enjoying the 
same happy relation with you, the United States. Your 
brothers present, of the three fires, are gratified in seeing 
and hearing you ; those who are at home will not expe- 
rience that pleasure until you come and live among us : 
you will then learn our title to that land ; you will then be 
convinced of my sincerity, and of the friendship and 
strength of our nations. 

This, elder brother, is all I have to say at present. We 
all know that the good work of peace is accomplished : I 
only address these few words to you that all nations pres- 
ent may again hear the sentiments of the three fires, and 
understand them perfectly." [A blue and white string.] 

The Little Beaver, a Wea chief, arose and said: 

^^ Elder brother! You already know what I am about to 
say. I have got a cold; I cannot speak well at present; 
my brother, the Little Turtle, will speak for me." 

The Little Turtle— 

" Elder brother! Here are papers which have been given 
to me by General Washington, the Great Chief of the Uni- 
ted States. He told me they should protect us in the pos- 
session of our lands, and that no white person should inter- 
rupt us in the enjoyment of our hunting grounds, or be per- 
mitted to purchase any of our towns, or lands, from us ; 
that he would place traders among us who would deal 
fairly. I wish you to examine these papers. 

^^ Elder brother! You have asked for a reservation at the 
Ouiatanon; I hope you will put a trader there, on the spot 
formerly occupied by one. We would wish captain Prior 
to be our trader. I can't give you any lands there, brother; 
I will lend you some as long as you want it. 



250 BURNET'S NOTES ON THE 

^^ Elder brother! You have told us of a place possessed by 
the French, called Musquiton. We have lived at our village 
a long time, and it is very surprising that we should never 
know anything about it. The French lived at Vincennes, 
where they were permitted to settle by my forefathers, who 
told them they should have a small quantity of land for the 
cattle, &c. on the east, but none on the west side of the 
Wabash." [A white string.] 

Masass, a Chippeway chief, arose and said — 

"All you my brothers present ! When the chiefs of my 
village sent me hither to hear your proceedings in council, 
they told me I could not see the extent of the American 
fires ; that they believed their elder brother had called them 
together in pity to them, their women and children, and they 
enjoined the three fires to speak with one voice, and do 
their utmost to forward the good work; saying, that they 
had seen several treaties, heretofore made with the United 
States, which the Indians had always violated, by taking up 
the hatchet. 

^^ Elder brother! I have listened to all your words, and to 
those of my brothers. It would be very wrong in me to 
raise objections to what has been done, as you have ex- 
plained to us your treaty with Britain. 

" Elder brother! You say, at the Fort of Detroit, you in- 
tend to take a piece of land six miles deep, from the river 
Racine to Lake St. Clair. I now ask you what is to become 
of our brothers, the French, who live on this land? We 
look on them as our brothers and friends, who treated us 
well, when abused by the British. We wish to know your 
sentiments on this subject. We think, brother, you could 
find land enough between the rivers Raisin and Rouge. 
We have no objection to your reservation at the foot of the 
Rapids. We have no objection to any other proposition 
you have made ; and we sincerely wish we could now take 
you among us, because the British, on our return, will re- 
new their old songs. 



NORTH-WESTERN TERRITORY. 251 

^^ Elder brother! My children must have suffered since 
I left home ; perhaps I myself may be made unhappy, on 
my return to them; for the British may probably say, why 
don't you seek relief from your new friends ? This makes 
me uneasy, and urges me to entreat you to come immedi- 
ately, and live nearer to us. You might then assist us, 
and it would be more convenient for the surrender of our 
prisoners. I hope you pity my situation. When I returned 
from the treaty of Muskingum, McKee threatened to kill 
me; I have not now less cause to fear him, as he endea- 
vored to prevent my coming hither. 

" Elder brother ! You asked v^^ho were the true owners of 
the lands now ceded to the United States. In answer, I 
tell you, that if any nations should call themselves the 
owners of it, they would be guilty of a falsehood; our 
claim to it is equal ; our elder brother has conquered it. 

^^ Brothers! Have done trifling. Let us conclude this 
great work ; let us sign our names to the treaty now pro- 
posed, and finish our business. 

^^ Elder brother! If I can escape the snares of McKee, and 
his bad birds, I shall ascend as high as the Falls of St. Ma- 
ry's, and proclaim the good tidings to all your distant bro- 
thers in that quarter." [A belt.] 

The General spoke as follows : 

" Younger brothers, all of you, listen with attention ! I 
shall now reply to what was said yesterday by the Wyan- 
dots. I will then answer the observations of the Little 
Turtle, made in behalf of the Miamies and Wabash tribes. 

" Younger brothers, the Wyandots, Delawares and Shaw- 
anees ! I am pleased to hear you say with one voice, for 
the second time, that I have done the greatest justice to 
you, in dividing the lands of the United States from those of 
the Indian nations, by the boundary line which I have pro- 
posed. You request me to fix the boundaries that shall di- 
vide the lands between the respective tribes of Indians now 
present. 



2S3. BURNET'S NOTES ON THE 

" Younger brothers ! A moment's reflection will show you 
the impropriety, as well as the impossibility of my acting 
in this business. You Indians best know your respective 
boundaries. 

" I particularly recommend to all you nations present, to 
continue friendly and just to each other; let no nation or 
nations, invade, molest or disturb, any other nation or 
nations in the hunting grounds they have heretofore been 
accustomed to live and hunt upon, within the boundary 
which shall be now agreed on. And, above all, I enjoin 
that no injury be offered to any nation or nations, in con- 
sequence of the part any or either of them may have pur- 
sued, to establish a permanent and happy peace with the 
United States of America. 

" Younger brothers, the Wyandots and other Indians of 
Sandusky, make your hearts and minds easy. Be assured, 
that as soon as circumstances will permit, a fort shall be 
established on the reserved lands, near the entrance of 
Sandusky Lake, which will always afford you protection 
against the common enemy, should any such presume to 
disturb our peace and mutual friendship. 

" Younger brothers, the Miamies ! I have listened to you 
with attention, and have heard your observations upon the 
general boundary line proposed by me, as well as upon the 
proposed reservations. If my ears did not deceive me, I 
have heard all the other nations give their assent to the 
general boundary line, and to the reservations generally; 
I therefore address you, the Miamies : You say that the 
general boundary line, as proposed by me, will take away 
some of your best hunting grounds, and you propose to 
alter it, and run it from Fort Recovery, through the centre 
of this place, and along the road to the Miami river, oppo- 
site Fort Hamilton. 

" Younger brothers ! This would be a very crooked, as 
well as a very difficult line to follow, because there are 
Feveral roads between this and Fort Hamilton, some of 



NORTH-WESTERN TERRITORY. 253 

them several miles apart, which might certainly be produc- 
tive of unpleasant mistakes and differences. That which 
I propose will be free from all difficulty and uncertainty. 
You all know Fort Recovery, as well as the mouth of Ken- 
tucky river. A straight line drawn from one to the other, 
will never vary ; they are two points which will ever be 
remembered, not only by all present, but by our children's 
children, to the end of time. Nor will this line prevent 
your hunters, or young men in the smallest degree from 
pursuing all the advantages which the chace affords, be- 
cause, by the seventh article, the United States of America 
grant liberty to all the Indian tribes, to hunt within the 
territory ceded to the United States, without hindrance or 
molestation, so long as they demean themselves peaceably, 
and offer no injury to the people of the United States. 

"I find there is some objection to the reservation at Fort 
Wayne. The Little Turtle observes, he never heard of 
any cessions made at that place, to the French. I have 
traced the lines of two forts at that point; one stood near 
the junction of the St. Joseph's and the St. Mary's; and 
the other not far removed, on the St. Mary's ; and it is ever 
an established rule, among Europeans, to reserve as much 
ground around their forts as their cannon can command ; 
— this is a rule, as well known as any other fact. 

"Objection has also been made respecting the portage 
between Fort Wayne and Little river ; and the reasons pro- 
duced are, that the road has been to the Miamies a source 
of wealth — that it has heretofore produced them one hun- 
dred dollars per day. It may be so ; but let us enquire who 
in fact paid this heavy contribution. It is true, the traders 
bore it in the first instance, but they laid it on their goods, 
and the Indians of the Wabash really and finally paid it; 
therefore, it is the Little Beaver — the Soldier — the Sun, and 
their tribes, who have actually been so highly taxed. The 
United States will always be their own carriers, to, and 
from, their different posts. Why should the United States 



254 BURNET'S NOTES ON THE 

pay the large sum of eight thousand dollars, annually, if 
they were not to enjoy the privilege of open roads to, and 
from their reservations? This sum of money, the United 
States agree to pay for this, and other considerations; and 
the share which the Miamies will receive of this annuity, 
shall be one thousand dollars. 

" I will then enquire, of all the nations present, whether 
the United States are not acting the part of a tender father, 
to them and their children, in thus providing for them ; not 
only at present, but for ever? 

" The Miamies shall be at libert}^, as usual, to employ 
themselves for private traders whenever their assistance 
may be required, and those people who have lived at that 
glorious gate (the Miami villages) may now rekindle their 
fires at that favorite spot, and henceforth, as in their hap- 
piest days, be at full liberty to receive from, and send to, 
all quarters, the speeches of their chiefs as usual — and here 
is the road the Miamies will remember." [A road belt.] 

"Now, all ye chiefs and warriors, of every nation pres- 
ent, open your ears, that you may clearly hear the articles 
of treaty, now in my hand, again read, and a second time 
explained to you, that we may proceed to have them en- 
grossed on parchment; which may preserve them forever." 

[The articles of treaty were here a second time read, 
and explained by the General, who observed upon] 
The article respecting hostages : 

"I did not expect any objections to this particular; for I 
see no reason why you should hesitate at leaving ten of 
your people with me, until the return of our people, from 
among you. The promise of a mutual exchange of prison- 
ers made last winter, when we met at this place, you have 
not performed on your part: I have kept none of your flesh 
and blood; nor would General Washington, the Great 
Chief of the United States, suffer me so to do. The period 
will be short, and those who remain shall be kindly treated." 
On the Ouiatanon reservation: 



NORTH-WESTERN TERRITORY. 255 

" The Little Beaver has asked for Captain Prior, to reside 
as a trader at Ouiatanon; he shall reside at that place. 
But Captain Prior is a warrior, not a trader; he shall have 
a few warriors with him to protect the trade and the Indi- 
ans in that quarter." 
On the reservation at Detroit: 

Masass has asked, what will become of the French? 
The United States consider the French and themselves as 
one people ; and it is partly for them, and their accommo- 
dation, that this reservation is made, whenever they become 
citizens thereof, as well as for the people of the Fifteen 
Fires." 
On the gift of the Isle de Bois Blanc : 

" In addition to the cessions which the three fires have 
made, with such cheerfulness, of the reservations in their 
country, Mash-i-pi-nash-i-wish has, in their name, made a 
voluntary gift to the United States, of the Isle de Bois Blanc, 
in Lake Michigan. The Fifteen Fires accept of this unask- 
ed-for grant from the Ottawas, Chippeways, and Pottawatta- 
mies, according to their intentions ; and will always view 
it as an unequivocal mark of their sincere friendship. 

" The Little Turtle yesterday expressed a wish that some 
of their former traders might be continued among them, as 
a part of the number to be licensed by the United States. 
This is very fair and reasonable, and a certain number will 
be licensed accordingly, when properly recommended as 
good and honest men. 

" B}'others f All you nations now present, listen ! You 
have now had, for a second time, the proposed articles of 
treaty read and explained to you. It is now time for the 
negotiation to draw to a conclusion. I shall, therefore, ask 
each nation, individually, if they approve of, and are pre- 
pared to sign, those articles, in their present form, that they 
may be immediately engrossed for that purpose. I shall 
begin with the Chippeways. 




A^' 



ditto. 


"Yes." 


ditto. 


"Yes." 


ditto. 


" Yes." 


ditto. 


"Yes." 


ditto. 


"Yes." 


ditto. 


"Yes." 


ditto, 


"Yes." 


ditto. 


"Yes." 



56 BURNET'S NOTES ON THE 

" You Chippeways, do you approve of these articles of 
treaty, and are you prepared to sign them?" 

[A unanimous answer,] " Yes." 

" You, Ottawas do you agree ?" 

" You, Pottawattamie s ?" 

" You, Wyandots, do you agree ?" 

"You, Delawares?" 

" You, Shawanees ?" 

"You, Miamies, do you agree?" 

"You, Weas?" 

" And you, Kickapoos, do you agree ?" ditto, 

"The treaty shall be engrossed; and as it will require 
two or three days to do it properly, on parchment, we will 
now part, to meet on the 2d of August. In the interim, we 
will eat, drink, and rejoice, and thank the Great Spirit for 
the happy stage this good work has arrived at." 

Council adjourned. 

July 31st. The Red Pole, with eighty-eight Shawanees, 
and Tey-yagh-taw, with seven Wyandots, nine of the Six 
Nations, and ten Delawares, arrived from the vicinity of 
Detroit, and were received. 

August 2d. In Council. Present as before, with the ad- 
dition of the Shawanees, Wyandots, &c., who arrived on 
the 31st ultimo. The Red Pole, a Shawanee chief, arose 
and spoke as follows : 

" I am very happy to see you all, my brothers, here as- 
sembled. I am come late, but I come with a good heart. 
I am well pleased to hear of the good work you have 
agreed upon, with our elder brother, the Fifteen Fires, and 
thank you for the pity you have shown for our helpless 
women and children, whom we have left behind." 

The General arose and spoke as follows : 

" You7iger Brothers! I have received a letter from yoiir 
ancient friends and brothers, the people called Quakers, 
with a message to all the nations here assembled. The 



NORTH-WESTERN TERRITORY. 257 

Quakers are a people, whom I much love and esteem, for 
their goodness of heart, and sincere love of peace, with all 
nations. Listen then to their voice, and let it sink deep 
into your hearts." 

[Here the General read the address of the people called 
Quakers, and the invoice of their present.] 

"Their present, you perceive, is small ; but being design- 
ed with the benevolent view of promoting the peace and 
happiness of mankind, it becomes of important value. 
They wish it to be regarded merely as a token of their re- 
gard for you, and a testimony of their brotherly affection, 
and kind remembrance of you. 

" Younger brothers! The articles of treaty are not yet 
completely engrossed ; they will be ready by eight o'clock 
to-morrow morning, when we will again meet here, read 
the treaty once more, and proceed to the act of mutually 
signing, and exchanging it. The Shawanees and Wyan- 
dots, who arrived the day before yesterday, will then hear 
what we have all agreed upon, and be equally convinced 
with all the others, of the liberality of the articles." 

Blue Jacket, a Shawanee chief, arose and spoke as 
follows : 

" Elder brother, and you my brothers present ! You see 
me now present myself, as a war-chief, to lay down that 
commission, and place myself in the rear of my village 
chiefs, who, for the future, will command me. Remember, 
brothers, you have all buried your war-hatchets; your 
brothers, the Shawanees, now do the same good act. We 
must think of war no more. 

" Elder brother ! You now see that all the chiefs and 
warriors around you, have joined in the good work of 
peace, which is now accomplished. We now request you 
to inform our elder brother, General Washington, of it, and 
of the cheerful unanimity which has marked their deter- 
minations. We wish you to enquire of him if it would be 
agreeable that two chiefs from each nation should pay him 
17 



258 BURNET'S NOTES ON THE 

a visit, and take him by the hand; for your younger 
brothers have a strong desire to see that great man, and 
to enjoy the pleasure of conversing w^ith him." [A blue 
string.] 

The General thus replied : 

<' Brothers, the Shaicanees, and all you other nations ! I am 
confident the heart of the great chief, General Washington, 
will be rejoiced when he hears that you have unanimously 
joined in the good work of peace. The instrument we 
will sign to-morrow shall be an everlasting record of the 
good action — one part of which I will immediately trans- 
mit to him. I will, with pleasure, make the enquiries you 
desire, and communicate the answer to you whenever I 
receive it." 

Council adjourned. 

August 3d. In Council. Present as before. 

The General rose and spoke as follows : 

*' Younger brothers ! When this council fire was first 
kindled, my commissions and authority for holding this 
treaty were read, and explained to all then present; but, 
as several chiefs had not at that time arrived, I shall now 
read them a second time, for the perfect satisfaction 
of all." 

[The General here again exhibited and explained his 
powers.] 

" That I have strictly performed my duty, in fulfilling 
those instructions, and that they were manifestly calculated 
to establish the peace and happiness of all the Indian 
nations now present, will appear by the engrossed articles 
of treaty, unanimously agreed to, and now before us. 
They shall now be read a third time, that all may be per- 
fectly acquainted with them. — Therefore listen ! 

[The engrossed articles w^ere here read; the signing 
commenced and finished; and the General thus pro- 
ceeded:] 

" Younger brothers! Having completed the signing of this 



NORTH-WESTERN TERRITORY. 259 

treaty, one part of it shall be delivered to the Wyandots, 
who will preserve it as a sacred pledge of the establish- 
ment of our future friendship ; the other, or counterpart, I 
will send to the great chief. General Washington. In addi- 
tion, one copy on paper shall be delivered to each nation, 
for their frequent and particular information. We will 
now proceed to apportion the goods designed to be given 
to you, and I hope to be prepared for their delivery in a 
day or two. Some assistance must be afforded to the Chip- 
peways, and other remote tribes, to facilitate the transpor- 
tation of their proportions. We will, for the present, retire, 
and we will have a little drink this evening." 

Mashipinashiwish, chief of the Chippeways, arose and 
said: 

" Elder brother ! I now see that all is settled. It affords 
us a great deal of pleasure. I hope you feel equally grati- 
fied. I repeat our entire satisfaction, that all present may 
know it. We, the three fires, have never done you any 
harm. With the same good heart I met you here, I will 
depart and return home. You will find the truth of these 
words, when you come and live among us. You must not 
believe ill of me. 

" Elder brother ! I hope you will listen with attention to 
my words, and have pity on me. I have a request to make 
of you. You know I have come a great distance to assist 
in this good work, and as it is now happily completed, I 
hope you will deliver to us our friend, whom you sent from 
hence into confinement. We would be grieved to leave 
him in durance behind us, for he has been friendly to us. 
This is the request of your brothers, the three fires." 

Council adjourned. 

August 7th. In Council. Present as before. The Gen- 
eral arose, and spoke as follows : 

" Brothers, all nations now present ! You have all smoked 
out of this calumet, when we first opened council at this 
place, except the Shawanees. I will, therefore, smoke with 



260 BURNET'S NOTES ON THE 

the Shawanees, and with some of the Wyandots who ar- 
rived late. 

"Listen, all you sachems, chiefs, and warriors! Lift up 
your eyes, and behold these instruments of writing, to 
which the Wyandots, Delawares, Shawanees, Ottawas, 
Chippeways, Pottawattamies, Miamies, Eel Rivers, Weas, 
Kiekapoos, Piankeshaws, and Kaskaskias, have set their 
hands and seals, that they may be handed down to your 
children's children, as a memorial of the happy peace thereby 
established. When your posterity shall hereafter view these 
records, they will be informed, that you were the great 
people that accomplished this blessed work, to insure to 
them, peace and happiness forever. One of these I shall 
transmit to General Washington; the other, I shall deposite, 
agreeably to your own desires, with your uncles, the Wy- 
andots. A true copy, on paper, shall now be given to each 
nation. This large belt, and this seal, will accompany the 
original instrument, and will declare its sacred and impor- 
tant value. 

" The next business, "will be the distribution of the goods 
and presents promised by treaty. To-morrow, the Wyan- 
dots shall receive their proportion ; the other nations will 
be sent for in order, as they signed, as soon as we are ready 
to deliver them. It will make no difference to any, ivholis 
first served, or who last; all shall have their due proportion. 
I have only to recommend a just and equal distribution 
among your respective nations. 

" Independent of this general delivery, and as a reward 
for the good disposition to peace, of some chiefs and na- 
tions, early evinced, I shall make some further presents, 
which must be considered as private property, to those who 
shall receive them, and as testimonies of particular regard. 
In return for the generous and unasked for present of the 
Chippeways, of the Isle de Bois Blanc, the Fifteen Fires 
\vi\\ make them an acknowledgement to show that they 
will never be out-done in kindness. 



NORTH-WESTERN TERRITORY. 261 

" I have to exhort you to take every measure to restrain 
your young men from the bad practice of stealing horses 
from those who are their friends. Some Frenchmen, w^ho 
accompanied you to this place, have complained to me of 
having had their horses stolen since their arrival. This is 
ungrateful and disgraceful. 

" Be all now attentive ! This letter in my hand, informs 
me, that some very bad Indians indeed, regardless of the 
good work we have been engaged in, have barbarously 
surprised and murdered an innocent family, who thought 
themselves secure from harm, whilst negotiations for peace 
engaged your attention. This grieves me very much. By 
an article of the agreement entered into last winter, we 
were mutually to inform each other of any harm in- 
tended, which should come to our knowledge, and do our 
utmost to prevent it. And it is expressly stipulated in this 
treaty, that similar conduct shall be pursued by both par- 
ties; — that for injuries done, no private or personal re- 
taliation shall take place, but complaint shall be made by 
the party injured, to the other, &c. 

" I do, accordingly, at this time, complain to you of the 
bad conduct of those bad people, and desire you, who live 
nearest to them, to exert your powers to restrain their prac- 
tices, and correct their lives. I fear if they are permitted 
to continue uncontrolled, much mischief will ensue. They 
are a small lawless banditti, who insult your authority, at 
the same time they injure the United States by their savage 
and inhuman practices. Our people, roused and provoked 
by their depredations and cruelties, will follow them into 
their country, to punish them as they merit ; and should 
they, in their pursuit, fall in with any of you or your people 
who are our sincere friends, they might not be able to dis- 
tinguish one from the other, and would probably wreak 
their vengeance on their innocent brothers, and hurt them, 
when they meant to chastise those guilty aggressors only. 

Tarkee, chief of the Wyandots, arose and spoke as fol- 
lows: 



262 BURNET'S NOTES ON THE 

" Brothers, listen, and you also, brothers of the diflferent 
nations present. The Great Spirit above, has appointed 
this day for us to complete all the good work, in which we 
have been engaged. You remember, that some time ago, 
our brother, the American, rose up and thanked the Great 
Spirit above, for conducting the good work so far as it then 
was ; and he desired of us to know whether we would ac- 
knowledge him, the Fifteen United States, to be our father ; 
but we have not yet returned him an answer. Now, this 
day the good work is completed. I inform you all, brother 
Indians, that we do now, and will henceforth, acknowledge 
the fifteen United^States of America, to be om' father, and 
you will all for the future, look upon them as such — you 
must call them brothers no more. The Great Spirit has 
crowTied them with success in all their undertakings. 

" FatJier! You see we all now acknowledge you to be 
our father. I take you by the hand, which I offer as a 
pledge of our sincerity, and of our happiness, in becoming 
your children. 

^' Fatlier! Listen to your children here assembled; be 
strong now, and take care of all your little ones. See what 
a number you have suddenly acquired. Be careful of them 
and do not suffer them to be imposed upon. Don't show 
favor to one to the injury of any. An impartial father, 
equally regards all his children ; as well those who are or- 
dinary, as those who are more handsome ; ^erefore, should 
any of your children come to you crying and in distress, 
have pity on them and relieve their Avants. 

" Now, all my brothers present, you see that we have 
acknowledged and called on the United States, as our fa- 
ther. Be strong, brothers, and obedient to our father; ever 
listen to him when he speaks to you, and follow his advice. 
I now deliver this wampum, in presence of you all, as a 
token of our being now, the children of the Fifteen Fires." 
[A large string, blue and white.] 

The General rose and said — 



NORTH-WESTERN TERRITORY. 263 

'■^Listen! all you nations, to what your uncle, the Wyan- 
dot, has said. [Tarkee's speech was here interpreted to 
each nation.] 

" Listen ! all you nations present. I have hitherto ad- 
dressed you as brothers ; I now adopt you all, in the name 
of the President and Fifteen Great Fires of America, as 
their children, and you are so accordingly. The medals 
which I shall have the honor to deliver you, you will con- 
sider as presented by the hands of yom' father, the Fifteen 
Fires of America. These you will hand down to your 
children's children, in commemoration of this day — a day 
in which the United States of America, gives peace to you, 
and all your nations, and receives you and them under the 
protecting wings of her eagle." 

Council adjourned. 

August 8th. In Council. Present as before. 

The Sun, a Pottawattamie chief, arose and said : 

" Father! I now speak to acquaint you, and all present, 
that I am perfectly satisfied with all that has been done in 
this council. You have told us to bring in om- prisoners, 
without delay. I have not one in my village — I never took 
any. You further told us, if any of your people injured us 
you would punish them, and enjoined on us a similar con- 
duct as it respected our offenders. 

'^Father! I have not the same authority over my people 
that you exercise over yours. They live dispersed, and it is 
difficult to reach them on all occasions. As you have now 
become our father, we are no longer objects of pity; as 
your children, we shall be happy, whilst you continue to 
protect us. When the British adopted us as children, they 
made false promises, and left us to the mercy of the traders, 
who took advantage of and much abused our ignorance 
and weakness. You have promised to send traders among 
us by whom we will not be abused; and we have promised 
to protect their lives and property. We are happy, father, 
and thank you for your kindness to your childi-en. I now 



264 BURNET'S NOTES ON THE 

ask you to send a trader to my village, which is a day's 
walk below the Wea towns, on the Wabash. You said that 
you would send one of your officers, to command at those 
towns. We would wish you to send Captain Ouiatanon, 
(Prior,) and should any meditated mischief come to my 
knowledge I will immediately acquaint him of it, agreeably 
to our compact. All your children present have the arti- 
cles of the treaty fully and indelibly impressed on their 
hearts, and should bad birds attempt to misconstrue or per- 
vert them, we promise, sincerely, not to listen to their de- 
signing, artful songs. 

^^ Father! We, the Pottawattamie s present, are in three 
classes : one from the river Hm-on, one from St. Joseph's, 
and that to which I belong, from the Wabash ; and as you 
intend to give the goods designed for us, in bulk, to that 
nation, I am afraid the division amongst ourselves will be 
attended with difficulty and discontent. I pray you, father, 
to make the division among us, and thus preserve propor- 
tion and harmony." [A belt.] 

The New Corn, a Pottawattamie chief, spoke as follows : 

" My friend, when I first came here, I took you by the 
hand. You welcomed me, and asked me for my great war 
chiefs. I told you they were killed, and that none remain- 
ed but me, who have the vanity to think myself a brave 
man and a great warrior. The Great Spirit has made me 
a great chief, and endowed me with great powers. The 
heavens and earth are my heart, the rising sun my mouth, 
and, thus favored, I propagate my own species !" [This is 
the Nestor of the wilderness, possessed of all the garrulity 
of age.] "I know the people who have made and violated 
former treaties. I am too honorable and too brave a man 
to be guilty of such conduct. I love and fear the Great 
Spirit. He now hears what I say. I dare not tell a lie. 

" Now, my friend, the Great Wind, do not deceive us in 
the manner that the French, the British, and the Spaniards 
have heretofore done. The English have abused us much; 



NORTH-WESTERN TERRITORY. 265 

they have made us promises which they never fulfilled; 
they have proved to us how little they have ever had our 
happiness at heart; and we have severely suffered, for 
placing our dependence on so faithless a people. Be you 
strong, and preserve your word inviolate; and reward those 
Frenchmen who have come so great a distance to assist 
us. My friend: I am old, but I shall never die; I shall 
always live in my children, and children's children." [A 
string.] 

Mash-i-pi-nash-i-wish, chief of the Chippeways, thus 
spoke : 

^^ Father! The good work being now completed, we are 
left without a subject to employ our conversation. You 
see your children, the Ottawas, Chippeways, and Pottawat- 
tamies, around you. Those at home will rejoice, when we 
inform them, that, for the future, they will enjoy the pro- 
tection of a new father. Our happiness is great, in being 
permitted to address you, by that endearing appellation. 
Father, since we have been here, some mischief has been 
done. We are entirely ignorant of the perpetrators. It 
grieves us much, and excites our anger and indignation. 
Time will discover to you, and to us, those wicked dis- 
turbers, who richly merit punishment. I have to request 
you to license a trader to reside with your children, at 
Ki-ka-na-ma-sung, where we shall pass the ensuing win- 
ter. I have never been guilty of stealing horses; nor shall 
I now commence the practice. But as I am an old man, I 
would ask you for one to carry me home." 

Wille-baw-kee-lund, a Delaware chief, spoke as follows : 

^^ Father ! Listen to a few words from the Delawares. 
This is the speech you gave us, when you first came into 
this country; and when we first met together in council. 
In this, you told us, we should live in peace and friendship 
with each other, and join our hands firmly together. It 
seems they were badly bound; for the ties were soon 
broken. We know not, exactly how, or when, they were 



266 BURNET'S NOTES ON THE 

destroyed. We will now renew them, in so strong a man- 
ner, that they will last forever, and bury in oblivion all 
past misfortunes. Be strong in this good work, and it will 
never fail. This belt was presented to us, from brothers ; and 
our king now shows it to you, that you may recognise it." 
Okia, a Pottawattamie chief, arose and spoke as follows : 
^^ Father! I come from the River Huron, near Detroit. 
My fathers have long possessed that country. The other 
Pottawattamies present, live on the St. Joseph's, and in 
that direction. All my old chiefs are dead; you there- 
fore see young chiefs only, from my towns, who are un- 
accustomed to speak in council. You told us, you would 
deliver the presents in bulk to the Pottawattamie nation. 
In this case, I am afraid my people will not get a due pro- 
portion, and I am too proud to complain to you, should they 
be unfairly distributed; therefore, as I live detached from 
the others, and intend to return home with the Chippeways, 
by the way of Fort Defiance, I beg my father would let me 
have my proportion separately; for we have many young 
women and children at home, to whom I shall be very 
happy to deliver the presents of their father. I wish much 
to carry with me a copy of the treaty, to show my people. 
Living so far from the rest of my name, I can derive no 
advantage from the one you have given to our nation gene- 
rally; and I should be ashamed, and mortified, to return 
without one. I would request a trader for my village, and 
would wish for Mr. La Chambre, with whom we are long 
acquainted." [A belt.] 
Te-ta-boksh-ke, king of the Delawares, spoke as follows: 
^^ Father! You have in your prison a man (Newman) who 
came in to us about a year ago, and proved the preserva- 
tion of many of our women and children, by the informa- 
tion he gave us : for this we cannot help feeling grateful. 
Now, your children, the Delawares, all beg of you to spare 
the life of this man, as he has been instrumental in saving 
many of us from destruction. We hope, father, you will 



NORTH-WESTERN TERRITORY. 267 

grant this first request of your children, the Delaware s." 
[A string.] 

The General arose and spoke as follows: 

^^My children, the Pottawattamies! I wish you to endeavor 
to make among yourselves an amicable, and fair division 
of the goods intended for you. It would be a very difficult 
task for me to perform with justice. You are acquainted 
with your own people and their numbers. I am not well 
enough informed on this head to make a true apportion- 
ment. I wish all the other nations to act in a similar man- 
ner, and to make a distribution to the satisfaction of their 
respective people. I wish each nation to appoint two confi- 
dential people from among themselves, to receive the goods, 
and to give receipts to the store-keeper, who will thereby 
convince me of his having justly dehvered them." 

Council adjourned. 

August 8th, afternoon. The medals, silver ornaments, 
&c. were delivered. No material or other than complimen- 
tary conversation took place. 

August 10th. In Council. Present as before. 

The Red Pole, a Shawanee chief, spoke as follows : 

" You, my uncles, the Wyandots ; my grandfathers the 
Delawares, and all you nations present; you see, we are 
now here from all parts of this great island. You happily 
accomplished the good work before we the Shawanees ar- 
rived : I thank you all for it. I now present to your view the 
wampum given to me by our elder brother, now become our 
father. He gave it to us from his heart, and I hope you 
will, for the future, view him as our true father. We must, 
for the future, live in harmony with him, and one another. 
The Great Spirit gave us this land in common ; he has not 
given the right to any one nation to say to another, this 
land is not yours, it belongs to me. 

" Father! I have heard every thing which has been here 
transacted. Peace is firmly established. It affords me sat- 
isfaction and happiness that the hatchet is cast away for- 



268 BURNET'S NOTES ON THE 

ever. I have reason to believe that the mischief which 
has been lately done, has been committed by a small party 
of Shawanees, who have been in the woods a long time 
hunting. It grieves us much, that while we are here, ac- 
complishing the good work of peace, some of our own 
people are yet deaf to our advice. And to convince you, 
that we will never permit such practices, I now offer to 
leave with you, my aged father, as a hostage, and proceed 
immediately, myself, to call home those people, and take 
measures to prevent their future misconduct. I have just 
returned from an absence of two years, to the southward, 
and in that period, my young men, uncontrolled by their 
other chiefs, have fallen into bad practices; — but they shall 
have an immediate end. 

"All my brothers present! As the peace is now entirely 
completed, and as our father, of the Fifteen Fires, has adop- 
ted us, as his children, and called us by that name ; I now 
tell him, in presence of you all, that we, the Shawstaees, do 
acknowledge the Fifteen Fires as our father; and that 
henceforth, we will always regard him as such." [A white 
string.] 

"You, my uncles, and grandfather, have settled with our 
father, the boundary line, in a manner which meets my en- 
tire approbation. I am perfectly satisfied with it ; and it 
appears you had our common interest in view. 

'' Father! As all the nations are now present, they can 
never hereafter deny their own work, nor say, that other 
people acted for them, without authority. I, therefore, 
recommend to them to fulfil, strictly, their agreements, and 
adhere religiously to their engagements." [A belt.] 

The General arose and spoke as follows : 

" Children, all you nations, listen! By the seventh article of 
this treaty, all the lands now ceded to the United States, 
are free for all the tribes now present, to hunt upon, so 
long as they continue to be peaceable, and do no injury 
to the people thereof. It is, therefore, the common interest 



NORTH-WESTERN TERRITORY. 269 

of you all, to prevent any mischief being done upon those 
hunting grounds. Those people who have committed the 
late outrage, on our peaceable inhabitants, had been hunt- 
ing on those grounds, and, after finishing their hunt, pro- 
ceeded to the commission of the bad actions of which I 
have complained. These practices, for the reasons I have 
already given you, must have an immediate end. 

" The Red Pole has behaved like a candid, honest man, 
in acknowledging the errors of his people, and in promis- 
ing to restrain them immediately. He has done more; he 
has offered to leave his own father, as a hostage, until he 
can inform me of his having called them home. But I will 
not separate him from his old father; I will depend upon 
his honor, for the performance of his promise." [A white 
string to the Red Pole.] 

" All, you my children, listen to me ! The great business 
of peace so long and ardently wished for by your great and 
good father. General Washington, and the Fifteen Fires, 
and I am sure, by every good man among you, being now 
accomplished; nothing remains but to give you a few 
words of advice from a father, anxious for the peace and 
happiness of his children. Let me earnestly exhort you, 
to restrain your young people from injuring, in any degree, 
the people of the United States. Impress upon their minds 
the spirit and meaning of the treaty now before us. Con- 
vince them how much their future welfare will depend 
upon their faithful and strict observance of it. Restore to 
me, as soon as possible, all my flesh and blood which may 
be among you, without distinction or exception; and 
receive now from my hands, the ten hostages stipulated by 
the second article to be left with me, as a security for their 
delivery. This unequivocal proof of the confidence that I 
place in your honor, and in the solemn promises you have 
made me, must satisfy you of my full persuasion of your 
sincerity. Send those ten young men to collect your pris- 
oners ; let them bring them to me, and they shall be well 



270 BURNET'S NOTES ON THE 

rewarded for their trouble. I have here a particular 
account of the number remaining among you, and shall 
know when they are all restored. 

"I now fervently pray to the Great Spirit, that the peace 
now established may be permanent ; and that it may hold 
us together in the bonds of friendship, until time shall be 
no more. I also pray, that the Great Spirit above, may 
enlighten your minds, and open your eyes to your true 
happiness, that your children may learn to cultivate the 
earth, and enjoy the fruits of peace and industry." [A 
white string.] 

" As it is probable, my children, that we shall not soon 
meet again in public council, I take this opportunity of 
bidding you all an affectionate farewell; and of wishing 
you a safe and happy return to your respective homes and 
families." [A string.] 

Bu-kon-ge-he-las, a Delaware chief, spoke as follows : 

'■^Father! Your children all well understand the sense 
of the treaty which is now concluded. We experience, 
daily, proofs of your increasing kindness. I hope we may 
all have sense enough to enjoy our dawning happiness. 
Many of your people are yet among us ; I trust they will 
be immediately restored. Last winter our king came for- 
ward to you, with two, and when he returned with your 
speech to us, we immediately prepared to come forward 
with the remainder. All who know me, know me to be a 
man and a warrior; and I now declare, that I will, for the 
future, be as strong and steady a friend to the United States, 
as I have heretofore been an active enemy. We have one 
bad young man among us, who, a few days ago, stole three 
of your horses. Two of them shall this day be returned to 
you; and I hope I shall be abl*^ to prevent that young man 
from doing any more mischief, to our father, the Fifteen 
Fires." 

Mash-i-pi-nash-i-wish, chief of the Chippeways, spoke as 
follows : 



NORTH-WESTERN TERRITORY. 271 

^^ Father! I have heard, and understood, all that you have 
said. I am perfectly satisfied with every part of it; my 
heart will never change. No prisoners remain in our 
hands, in the neighborhood of Michilimackinac. Those 
two Frenchmen present (Messieurs Sans Crainte and 
Pepin,) can witness to the truth of this assertion." 

Masass, a Chippeway chief, rose and spoke as follows : 

" I have heard all the proceedings, relating to this treaty. 
I express my perfect satisfaction at its happy conclusion. 
When I relate at home, the important everrt, my people 
will stretch out their arms towards you ; and when I shall 
have informed them that you have promised to cherish 
them as your children, they will rejoice at having acquired 
a new, and so good a father." 

Council adjourned, sine die. 

It appears from a " return of the numbers of the different 
nations of Indians present at, and parties to, the treaty of 
Greenville," that there were one hundred and eighty Wy- 
andots, three hundred and eighty-one Delawares, one hun- 
dred and forty-three Shawanees, forty-five Ottawas, forty- 
six Chippeways, two hundred and forty Pottawattamies, 
seventy-three Miamies and Eel Rivers, twelve Weas and 
Piankeshaws, and ten Kickapoos and Kaskaskias, — making 
a total of eleven hundred and thirty. 

Immediately after the signing of the treaty. General 
Wayne sent the following proclamation 
" To the Cherokees now settled on the head waters of the Scioto. 

"Whereas, I, Anthony Wayne, Major General, command- 
ing the army of the United States, and sole Commissioner 
for settling a permanent peace with all the Indian tribes 
north-west of the river Ohio, having accomplished that 
great and good work, and having this day signed and ex- 
changed articles of a permanent peace, with the Chip- 
peways, Ottawas, Pottawattamies, Wyandots, Delawares, 
Shawanees, Miamies, Eel River, Weas, and Kickapoo na- 
tions of Indians : 



272 BURNET'S NOTES ON THE 

" Do, hereby, once more invite you, the Cherokees, resid- 
ing on the waters of the Scioto, to come forward, immedi- 
ately, to this place, and enter into similar articles of peace; 
for which purpose, I now send Captain Longhair, a princi- 
pal Cherokee chief, to conduct you to head quarters, where 
you shall be received in friendship, and treated with kind- 
ness and hospitality. Captain Longhair will give you the 
pai'ticulars respecting this treaty, as also those of a treaty 
of peace lately made between the United States and the 
Cherokee nation, so that you now stand alone and unpro- 
tected, unless you comply with this last invitation. 

Given at Head-quai'ters, Greenville, 3d August, 1795. 

ANTHONY WAYNE." 

In consequence of the above message, some of this party 
of Cherokees returned to Greenville, with Captain Longhair, 
and afterwards accompanied him home, to their nation. 
The remainder promised to hunt peaceably on the Scioto, 
until their corn was fit to gather, when they would quit this 
side of the Ohio forever, and return to their own country. 

At a private conference on the 12th August, with the 
Miamies, Eel River, and Kickapoo Indians, the Little Tur- 
tle, in the name of the others, observed, that as they in- 
tended soon to depart, and return to their respective homes, 
he took tliis opportunity of repeating to the General, that 
he, himself, and the Indians with him, were perfectly ac- 
quainted with every article of the treaty, that no part of it 
had escaped their serious and anxious deliberation ; that, in 
the early stage of the negotiation, he had not comprehended 
the moderation and liberality with which he was now con- 
vinced, it is dictated ; that to this cause, and to a duty which 
he conceived he owed his country, must be attributed the 
opposition he exhibited on sundry occasions ; that he was 
persuaded his father would not think unkindly of him for it, 
for he had heard him witli much pleasure, approve of the 
freedom with which he delivered his sentiments; that he 
was a man who spoke as he thought, and a man of sin- 



NORTH-WESTERN TERRITORY. 273 

cerity; and that he embraced this last occaBion, to declare, 
that as he was fully convinced that the treaty was wisely 
and benevolently calculated to promote the mutual interest 
and insure the permanent happiness of the Indians, and 
their father the Americans, so it was his determined resolu- 
tion, to adhere, religiously, to its stipulations. 

He asked for traders to reside at their different villages, 
and mentioned the names of some, who, from the confi- 
dence they had in their integrity, they wished might be 
licensed and continued by the United States, as traders 
among them ; he hoped, (for the Weas particularly,) that a 
fort would be immediately established at Ouiatanon, and 
promised every assistance they could afford, to the estab- 
lishment; that he, himself, would reside near Fort Wayne, 
where daily experience should convince his father of his 
sincere friendship ; and that, as he intended to rekindle the 
Grand Council Fire at that place, by means of which, the 
different nations might communicate with each other as 
usual, he requested his father to give orders to the com- 
mandant of Fort Wayne, to inform him from time to time, 
of any measures which the Great Council of the Fifteen 
Fires might adopt, in which the interest of their children 
should be concerned ; and he asked, that Mr. Wells might 
be placed there as a resident interpreter, as he possessed 
their confidence, as fully as he did that of their father. 

On the 9th September, a party of Shawanees, consisting 
of between sixty and seventy warriors, who had hitherto 
proved refractory and hostile, arrived at Greenville, with 
four prisoners, — three of whom they captured on the 13th 
July, 1795, in Randolph county, Virginia. On the 11th, the 
General gave them audience, when Puck-se-kaw (or Jump- 
er,) one of their chiefs, spoke as follows : 

^^ My father! I have been in the woods a long time; I 
was not acquainted with the good works which were 
transacting at this place, by you and all our great chiefs. 

" Last spring, when we were hunting peaceably, our camp 
18 



274 BURNET'S NOTES. 

on the Scioto was robbed ; we are very poor, and the mis- 
chief that has since been done, was in retahation for the 
injuries we then sustained. 

" As soon as I received this belt, which you sent me by 
Blue Jacket, one of our great chiefs, and as soon as I was i 
informed by him that the good work of peace was finished, \ 
I arose to come and see you, and brought with me these 
four prisoners. I now surrender them up to you, my father, 
and promise, sincerely, that we will do no more mischief. 

" I hope, that for the future, we shall be permitted to live 
and hunt, in peace and quietness. We were poor ignorant 
children, astray in the woods, who knew not that our na- 
tion, and all the other tribes of Indians, had come in and 
made peace with you. I thank the Great Spii'it for at length 
opening our eyes. 

" Father ! We beg you will forgive, and receive your re- 
pentant children. These people, whom I now deliver to 
you, must plead our forgiveness, and vouch for our sincere 
intention to alter our conduct for the future." [A white 
string.] 

At the close of this speech, the Indians retired from 
Greenville, and returned to their respective homes. 



CHAPTER XIII. 

Surrender of the North-western posts by the British, in 1796. — Made to Gen- 
eral Wayne, appointed for that purpose. — Death of General Wayne. — Sketch 
of his life. — Detroit. — Its Commerce and Society. — Their hospitality. — Cele- 
bration of the king's birth-day at Sandwich. — General invitation to the 
Americans at Detroit, including the General Court and the Bar. — Note. — 
Gen. Wilkinson's charges against Gen. Wayne. — Unfounded. — Contrast be- 
tween the two men. — Their controversies. — Their effect on the army. — 
The officers take sides. — Two parties formed. — Note. — Canadian French 
at and near Detroit. — Their character. — Their habits. — Their objections to 
free government. — Delays in administering justice. — Judicial decisions of the 
military commandants — Acceptable to the French inhabitants. — Pawnee 
Indians bought and sold as slaves. 

Early in 1796, the British government surrendered the 
northern posts, including Fort Miami, built in 1794, by 
Governor Simcoe, at the foot of the Rapids of the Maumee, 
together with the town of Detroit, and the military works, 
both there and on the island of Mackinaw, in pursuance of 
the treaty negotiated by Chief Justice Jay, in 1793. 

The posts were delivered to General Wayne, who had 
been authorised to receive them, by the President of the 
United States. As soon as he had performed that duty, 
and had made the necessary arrangements to have the 
works properly garrisoned and supplied, he embarked for 
Erie, on his way to the seat of government, very late in the 
season.* Unfortunately, he was seized, on the passage, 

* One of the motives which induced General Wayne to proceed from De- 
troit, on his way to Philadelphia, after the surrender of the posts, was to meet 
and refute, a set of charges exhibited against him, by General Wilkinson, a 
copy of which he had received, from the War Department, though it was not 
genereilly known, that any thing of the kind existed. He had just conquered 



276 BURNET'S NOTES ON THE 

with a violent attack of gout in the stomach, which termi- 
nated his life, before the vessel reached the port of her des- 
tination. He was bm-ied at Erie. When the body was 
disinterred by his son, many years afterwards, for the pur- 

the Indians — compelled them to sue for peace, and receive it on his own 
terms — and had redeemed the character of the nation, from the reproach cast 
on it, by the defeat, and almost total annihilation of one army, and by heavy 
losses, and an unexpected failure, in the anticipated results of another. Thus 
covered with laurels, and hailed by the nation as a hero and a conqueror, it 
would seem incredible, that he was going to the seat of government, to answer 
accusations, implicating his character, and his military fame; yet such was 
the fact. 

It was said, tliat in conversation with his friends and others, with whom he 
conversed, he spoke of the charges as being unfounded, and malicious; as 
they were in tlie estimation of every person who knew his character, and 
knew £dso, that he prized it more highly than he did his life. No attempt was 
ever made to sustain any one of them — but few persons ever heard of their 
existence; and, at the War Department, they were entirely disregarded. 

General Wilkinson, who was one of the most accomplished men of his day, 
eitlier in, or out of the army, and had acquired the character of a brave officer, 
had unfortunately contracted an early prejudice against General Wayne; 
which commenced during the Revolutionary War, in which they both served 
with reputation, from its commencement to its close. That state of mind 
predisposed him to pursue an unfriendly course towards General Wayne, and 
to avail himself of every opportunity to diminish the respect and confidence in 
him, which military officers ought always to feel towards their Commander-in- 
chief. 

The opportunity General Wilkinson had, of making impressions on the 
minds of the army, unfriendly to General Wayne, may be learnt from the 
fact, that he received the appointment of a Brigadier General in the spring of 
1792, and being then a Colonel at Fort Washington, immediately assumed the 
command of the army; and that General Wayne, although appointed Com- 
mander-in-chief previous to that time, did not arrive at Cincinnati till Septem- 
ber, 1793, the arrangements necessary for the coming campaign, having de- 
tained him at Philadelphia and Pittsburgh. In October, 1792, we find him at 
the latter place, perfecting those arrangements; and also taking testimony to 
elucidate the facts, connected with the assassination of Colonel Hardin and 
Major Trueman, who had been sent from Fort Washington, with a flag to 
the Indians. 

In March following, the negotiations for peace with the North-western In- 
dians commenced at Niagara, and were continued till late in August; during 
which time, the officers of the army were ordered to remain in statu quo, and 
not to permit any military movement whatever to be made. This order de- 



NORTH-WESTERN TERRITORY. 277 

pose of being removed to the place of his nativity, the skin 
and flesh were sound, and exhibited no signs of decay. As 
the body had been committed to its mother earth without 
embalming, and without any other process intended to pre- 

tained the General at Pittsburgh, and at Lcgionville, till the close of the sum- 
mer of 1793, when he repaired to Cincinnati. During this interval. General 
Wilkinson had the chief command at Fort Washington, and at all the outposts 
of that region, where his talents were successfully employed in winning over 
and concentrating on himself, the confidence and friendship of the officers, 
and others connected with the army — an undertaking for which no person 
could be better qualified than himself. His deportment was easy and graceful; 
and in his general intercourse, he manifested great suavity of manners. In 
these respects, he differed, very much, from the Commander-in-chief ; who, 
though an accomplished, well educated gentleman, possessed a firmness, de- 
cision, and bluntness of character, which, at times, had the appearance of 
roughness, if not rudeness, and occasionally gave offence. 

Most men, whose achievements have distinguished them above their fellows, 
have had some striking peculiarity, not common to others. This was the case 
with General Wayne, and must have induced the Indians, who were very 
acute in discriminating, and drawing comparisons, to select for him the name 
of the 'Big Wind,' meaning the tornado; there being no single word in their 
language, to express that idea. The fitness of the name they selected, will 
readily occur to those, who have a knowledge of his character; and of the 
promptness, energy and unflinching boldness of his movements. His official 
letter to General Washington, communicating the successful result of his des- 
perate assault on Stony Point, has been referred to, as being somewhat pecu- 
liar; and as affording some indication of his cast of mind, and general deport- 
ment. It is in these words: 

Stony Point, July 16th, 1779, Two o'clock, A. M. 
Dear General : 

The fort and garrison, with Colonel Johnson, are ours — our officers 
and men, behaved like men determined to be free. 

Yours, most sincerely, 

ANTHONY WAYNE. 
General Washington. 

The contrast between the two men was very striking; and the efforts which 
had been made by General Wilkinson, and those who were most warmly at- 
tached to his person, had induced a very large majority of the officers to arrange 
themselves under the banner of one or the other of those distinguished men. 
This unpleasant state of feeling, prevailed during the whole of the eventful 
campaign of 179.3-4; and until the lamented death of General Wayne. There 
were a few who kept aloof from the quarrel, and exhibited no appearance of 



278 BURNET'S NOTES ON THE 

serve it from decay, the condition in which it was found by 
his son, must have been the result of some antiseptic influ- 
ence, exerted by the surrounding earth, which, in process 
of time, might have converted it into a mummy. 

bad feeling towards either of the parties. Their number, however, was small; 
and it speaks well for the Commander-in-chief, that the officers most intimately 
connected with him, were of that number. 

There was much talent in the military family of Brigadier General Wilkin- 
son. In this, as in almost every transaction of his life, he gave proof that his 
knowledge of human nature, enabled him, with great certainty, to select the 
men best calculated to accomplish his purpose. Campbell Smith, one of the 
distinguished family of that name, in Baltimore, was a volunteer Aid, and a 
favorite. He abounded in wit and pleasantry; and his means of annoying the 
person, against whom he directed his efforts, were very considerable. 

The writer of this note, though wholly unconnected with the army, 
was an admirer of the Commander-in-chief ; and was also on terms of the 
most friendly intercourse, with General Wilkinson, and his staff; which afford- 
ed an opportunity of ascertaining their feelings towards General Wayne. 

After the decisive battle of August, 1794, the personal friends of Gen. Wil- 
kinson, particularly the officers attached to his family, resorted to every ex- 
pedient in their power, to undervalue the results of the victory, and to ascribe 
it to accident, or to any thing, other than the talents and skill of the com- 
manding General. It was alledged, that the fate of the day was to be attrib- 
uted, in a great measure, to a want of concert among the chiefs, of the tribes, 
engaged in the battle — that the attack made on the American troops, was pre- 
mature — that not more than half of the Indians had arrived on the ground, 
when the firing commenced — that Blue Jacket, the Shawanee, who had been 
chosen Commander-in-chief, of the Indians, rejected the plan of attack, recom- 
mended by Little Turtle, who afterwards became the confidential friend or 
General Wilkinson, and was one of the most talented of the Indian chiefs. It 
was also said, in the circle of the General's friends, that if the counsel of Lit- 
tle Turtle had prevailed, there would have been a simultaneous attack, of the 
entire Indian force; in which case, the American troops could not have out- 
flanked them, as they did; which manoeuvre alone, it was affirmed, settled the 
fate of the day. 

The most authentic account, of the result of the battle, stated the number 
of Indians left dead on the field of battle, to be upwards of fifty, exclusive of 
those carried off by their comrades, and of such as were not discovered among 
the grass and fallen timber, in which they were concealed, which, it was sup- 
posed, amounted to as many more. The verity of that report was denied; and 
Major Smith, in support of the denial, very facetiously reported a dialogue 
which had taken place on the banks of the river Styx, between old Charon 
and the ghost of one of General Wayne's soldiers, who boasted of the great 



NORTH-WESTERN TERRITORY. 279 

General WajTie was born in Chester county, Pennsylva- 
nia, in Januar}-, 1745, and was just completing the fift}'- 
second year of his active life, when he was prematurely 
stricken from existence. 

His father was a farmer, highly esteemed for the excel- 
lence of his private character, and for many useful sen-ices 
rendered the Commonwealth of Pennsylvania, particularly 
in the P^o^^.ncial Legislature, and in several expeditions 
against the Indians. He had taken great pains to educate 
his son, at the Philadelphia academy, where he made verj' 
considerable proficiency in mathematics, in astronomy, and 
in other branches of useful science. The life and public 
sersices of this brave, accomplished officer, are so fully 
stated, by the historians of his day, that it does not seem 
necessarj-, interesting as they are, to transfer them to this 



slaushter made among the savages, during the battle; at which the old feirj-- 
man shook his head, and protested most solemnly, that he had ferried over the 
ghosts of sixteen Indians, and not one more. 

Perhaps there was not, among the friends and admirers of General Wilkin- 
son, a more uncompromising enemy of the Commajider-in-chief, than Major 
Guion; who was an accomplished officer. Yet, when the news of his death 
arrived at Cincinnati, the Major raised his hands, and exclaimed: " Is it possi- 
ble!" — "General Wayne dead ! Then enmity die with him;" and from that 
hour no unkind expression, respecting the Commander-in-chief, was ever 
heard from his lips. 

The Major possessed a fine, cultivated mind — was an experienced engineer, 
and an exact disciplinarian — and had served with reputation in the Revolu- 
tionary war. He had a vein of wit and satire, which he occasionally indulged; 
and, sometimes, to an extent, that brought him into momentary collision, 
with his best friends. Being a man of genuine courage, he held it as a max- 
im , that no officer should be suffered to remain in the army, whose discern- 
ment could not, readily, apprehend an insult; and whose courage did not 
prompt him, instantly, to resent it. Influenced by that sentiment, it was not 
uncommon for bim to resort to some expedient, suggested by the occasion, to 
test the nerve of young officers, on their joining the army, for the first time. 
Such experiments, he found, were sometimes hazardous; but, generally, he 
succeeded, in learning the aeeret, he was in quest of, in time to avoid any un- 
pleasant resolt. 



280 BURNET'S NOTES ON THE 

narrative. It may suffice, therefore, to say, that there was 
scarcely an important battle, or hazardous enterprise, from 
the bef2;inning to the end of the Revolutionary struggle, in 
which he was not, more or less, distinguished. 

Before the Revolutionary war began, he was a deputy in 
the Provincial Congress of his native state ; which assem- 
bled in 1774. In the same year, he was a member of the 
Provincial Legislature. In the year following, he was a 
member of the Committee of Public Safety. In the fall of 
the same year, he raised a corps of volunteers, who unani- 
mously elected him their Colonel. He was in the unsuc- 
cessful attack on the British at Three Rivei^s^ in Canada; 
where he was wounded. At the battle of Brandywine, he 
was distinguished ; in the succeeding battle of Germantown 
he led his division into the thickest of the fight, received 
two wounds, and had his horse killed under him. For his 
gallantry in the subsequent battle of Monmouth, General 
Washington mentioned him in his official letter, with great 
approbation. 

His desperate and successful attack on Stony Point, 
which gave him the name of " Mad- Anthony," and procured 
for him a gold medal from Congress, can never be forgot- 
ten. After distinguishing himself at the capture of Lord 
Cornwallis, he was sent by General Washington, to take the 
command of the troops in Georgia, where the enemy were 
making great headway. After some severe battles, he 
defeated, routed, and drove them from the state. For 
his bravery and important services on that occasion, he 
received the thanks of the Legislature, and was presented 
with a valuable fai'm. His next military achievements 
were those in which he was employed in the North-western 
Territory, when death terminated his career. 

It would be a pleasing task, and an easy one, to collect 
materials enough to form a volume of brilliant and useful 
deeds, achieved by that distinguished warrior, who shared 



NORTH-WESTERN TERRITORY. 281 

largely in the confidence and friendship of Washington, 
from the commencement of the Revolution, to the close of 
his life ; but the historians of his day have superseded the 
necessity of such a labor. 

The Governor of the North-w^estern Territory, who had 
accompanied the General to Detroit, and was present when 
the possession of the posts was delivered, proceeded im- 
mediately to establish a new county on the strait, to which 
he gave the name of Wayne ; in compliment to the chief, 
whose victory at the foot of the Rapids, two years before, 
had hastened the execution of the treaty of 1793, by the 
British government. The seat of justice for the new county 
was established at Detroit, a garrison town, compactly built 
on very narrow streets, most of them not exceeding one 
rod in width, and completely enclosed by strong pickets. 
It was defended by a fort on the north, and by batteries on 
the margin of the strait. The citadel, for the accommoda- 
tion of the commandant, and his suite, was erected within 
the pickets, and was a spacious edifice, with an esplanade 
in front of sufficient dimensions to manoeuvre a regiment 
of troops. The town was the most ancient on the upper 
lakes, having been settled by the French, as early as 1683 ; 
and it was the capital of Upper Canada, till it fell into the 
hands of the United States.* 



* When the American troops took possession of the northern posts, the 
inhabitants of Detroit, and its contiguous settlements, from Lake St. Clair, to 
the river Raisin, on both sides of the strait, wore, almost exclusively, Canadian 
French, who were the owners and cultivators of the soil. The land had been 
laid out, originally, into farms, of very narrow fronts — in most instances not 
more than fifty rods — and running back from one to two miles, for quantity. 
The owners and occupiers were extremely ignorant, and were under the influ- 
ence of a strong religious superstition. They had been treading in the foot- 
steps of their fathers, time out of mind, like mere imitative beings, without 
seeming to know that any improvement had been made in agriculture, since 
Noah planted his vineyard. They raised the same crops without variation, 
and in the same succession, they had been accustomed to sec, from boyhood. 
When a field became exhausted, it was suffered to rest, till it became partially 



282 BURNET'S NOTES ON THE 

The old town which was surrendered to the United States 
was entirely burnt down, in 1805, and was afterwards 
rebuilt on a new and more convenient plan. It had been 
for many years, the principal depot of the fur trade of the 



recruited, by its own scanty, spontaneous products, and by the rains and dews 
of heaven. Their houses, barns, and other improvements, were fronting on 
the strait; separated from it, by a narrow road, which ran along the edge of 
the water. Each farm had an orchard contiguous to the house, containing a 
variety of fine fruit. When the litter about the barn and stable, increased so 
much, as to become inconvenient, they piled it on sleds, drew it down to the 
strait, which was just at hand, and threw it into the water. Under that prac- 
tice, the soil, though naturally good, produced very light crops, and the price 
of every agricultural product, was extravagantly high. That continued to be 
the case, till emigrants from the United States, purchased, and settled among 
them, and introduced a better system of agriculture. 

The native French were Catholics, and conscientiously exact in the perform- 
ance of their religious duties. Their tithes were regularly brought and 
deposited in the storehouse of the priest, with apparent cheerfulness. Their 
frequent attendance at church, which seemed to be every day, attracted the 
notice of Judge Symmes ; who incautiously, but from the best and purest 
motives, introduced that subject, in his charge to the Grand Jury, and en- 
deavored to convince them that Ihey consumed more time in the discharge of 
religious duty than was required by the Scriptures, or consisted with their 
temporal prosperity. That interference gave great offence, and produced a 
general excitement in the town and vicinity. The remarks of the Judge 
were, probably, misunderstood, but certainly very much exaggerated, by those 
who reported them. By some it was viewed as an attempt, by the American 
government, to put down their religion; but, as soon as the dissatisfaction 
was known, the Judge made a very conciliatory explanation from the bench, 
which gave general satisfaction, and removed the difficulty. 

In consequence of the fact that a large proportion of those who were 
engaged in the business of the court, either as suitors, witnesses, or jurors, 
were unable to speak the English language, it became necessary to employ 
sworn interpreters, which rendered the business very tedious, and in some 
respects, uninteresting; as every thing said in the progress of a cause, by the 
court, the bar, or witnesses, was to be interpreted, sentence by sentence, as it 
came from the lips of the speaker. 

Previous to the establishment of American courts, at Detroit, all matters of 
controversy, among the inhabitants, had been settled in a summary way, by 
the Commandant, to whose decision the inhabitants had been accustomed to 
submit. They had been habituated, all their lives, to this summary, expedi- 
tious mode of settling their disputes; and were, consequently, very much 



NORTH-WESTERN TERRITORY. 283 

north west, and the residence of a large number of English 
and Scotch merchants, who were engaged in it, and was of 
course a place of great business. The greater part of the 
merchants engaged in the fui* trade, both Scotch and 



dissatisfied with the slow, tedious progress of an American court; against 
which they complained very loudly. 

One of the consequences of the change of government, and of the intro- 
duction of judicial tribunals in that country, was the commencement of a 
large number of suits, many of them to test the correctness of the decisions 
of the Commandants, particularly in cases involving the title to real estate. 
The docket was soon crowded with cases, and the practice became as lucrative 
as that of any other county in the Territory. The result was similar to that 
which took place in 1798, in Mississippi, after the establishment of courts of 
justice in that Territory, and was brought about by the same causes. 

Among the advantages of which the people of Detroit then boasted, was the 
excellence of their domestic servants. No visitor from the States could spend 
any time, at a public or private house in that city, without being satisfied, that 
they did possess that advantage in a greater degree, than the inhabitants of any 
other part of the United States. 

The Canadian French were naturally obstinate and headstrong; and were 
illiterate and untaught in the principles of equality, professed and practiced in 
republics. They had grown up from infancy under the impression, that na- 
ture had established different orders in society — that power and rank were 
inseparable from wealth; and that inferiority and submission were ordained 
for the poor. That impression was carried out into practice, and accounts, in 
a great measure, for the excellence of their hirelings and domestics; but their 
best servants were the Pawnee Indians, and their descendants, who were held, 
and disposed of, as slaves, under the French and British governments — a spe- 
cies of slavery which existed to a considerable extent in Upper Canada. It 
was introduced at the early settlement of the country, and was founded on 
the assumed right of selling captives, taken in war, as slaves. The Pawnees 
were numerous and powerful; but were considered as degraded, by all the 
other tribes; on which account, prisoners taken from them by any other nation 
were condemned to slavery, and were held as slaves by the captors, or sold as 
such to others. Many of them were purchased by the Canadians, and em- 
ployed as drudges in the fur trade, and, frequently, as house servants. The 
Indian code justified the putting of prisoners to death, which had been their 
common punishment, till it was commuted for the milder one of being sold 
into slavery for life. That relation existed when the country was delivered up 
to the United States; though the practice of purchasing Indian captives as 
slaves, by the white people, had ceased before the surrender; and, conse- 



284 BURNET'S NOTES ON THE 

English, had their domiciles at Detroit; and the nature of 
the trade was such as to require large amounts of capital, 
in order to be profitable ; because the great distance, and 
the immense extent of country, over which their furs and 
peltry were collected, rendered it impossible to turn the 
capital employed more than once in a year, and sometimes 
once in two years. The business was also extremely labo- 
rious and precarious. In some seasons, their profits were 
enormously large ; in others, they were small ; and occasi- 
onally, they were subjected to heavy losses. 

During a large portion of the 5*ear, they had to endure the 
fatigues and privations of the wilderness ; and as often as 
they returned from those laborious excursions to their fam- 
ilies and comfortable homes, they indulged most freely in 
the delicacies and luxuries of high living. Scarcely a day 
passed without a dinner party, given by some one of them, 
at which the best of \\'ine and of other liquors, and the rich- 
est viands furnished by the country, and by commerce, were 
served up in great profusion, and in fine taste. Genteel 
strangers M'ho visited the place, were generally invited to 
their houses, and their sumptuous tables ; and although at 
this day, such a practice would be considered a breach of 
moral dutj^, as well as of good breeding, they competed 
M'ith each other for the honor of drinking the most, as well 
as the best mne, ^\'ithout being intoxicated themselves, and 
of ha^ang at their parties the greatest number of intoxica- 
ted guests. This revel was kept up in a greater or less 
degree, during the season they remained at home, as an ofi"- 

quently, the principal part, if not all the Indians then in slavery, were the 
descendants of enslaved captives. Immediately after the laws of the United 
States were introduced, and their courts of judicature established, the validity 
of that relation was questioned, and the value of that species of property was 
very much diminished; not only by the uncertainty of its tenure, but by the 
effect which the discussion of the subject produced on the minds of the slaves. 
Very soon after the right became a subject of enquiry, public opinion decided 
against it, and the relation ceased to exist. 



NORTH-WESTERN TERRITORY. 285 

set to the privations and suffering of their excursions into 
the wilderness. 

At one of those sumptuous dinners, given by Angus 
Mcintosh, the bottom of every wine glass on the table had 
been broken off, to prevent what were called heel-taps ; 
and during the evening, many toasts were given, which the 
company were required to drink in bumpers. The writer 
of this narrative was one of the guests, on that occasion ; 
but being in very delicate and precarious health, was not 
required to comply with the rules prescribed for others ; but 
was permitted to eat and drink, as his judgment dictated. 
This privilege was awarded to him most cheerfully, at all 
those parties, as it w^as known that without it, he could not 
have participated in their hospitality. 

Soon after the town of Detroit came into the hands of the 
Americans, most of those merchants removed, and estab- 
lished themselves at Sandwich, in Upper Canada, where 
it was the universal custom to celebrate the birth-day of 
the king. The General Court of the Territory being in 
session at Detroit, on the 4th of June, 1800, which was the 
birth-day of his majesty, George III., the judges and the 
bar, and also the officers of the American garrison, with 
many of the principal citizens of Detroit, were invited to 
be present, and partake in the festivities of the occasion. 
The invitation was accepted, and about an hundred Amer- 
icans joined in the festival. A spacious building, erected 
for a warehouse, was so arranged as to accommodate be- 
tween four and five hundred persons, with seats at the 
tables, at the same time. The entertainment was splen- 
did; the tables were richly and abundantly supplied with 
every thing which appetite or taste could desire. 

The loyalty of his majesty's subjects was evinced by 
every expedient in their power; and if a moiety of their 
prayers, in behalf of their royal master, had been granted, 
he must have lived a thousand years, and his shadow never 
have grown less. 



286 BURNET'S NOTES ON THE 

During the evening, much deference was paid, by the 
managers, to the feeUngs of their American guests. Next 
to the King, the President of the United States was drank ; 
and among the residue of the toasts, there were several 
complimentary to our country and her distinguished states- 
men. By pursuing that liberal, respectful course, no bad 
feeling was excited; and although more wine was drank, 
in proportion to numbers, than the writer ever witnessed 
on any other occasion; yet the party, late in the night, 
separated in harmony and mutual good feeling. The 
American garrison, at Detroit, consisted of two regiments, 
commanded by Colonel Strong, who, in consideration of his 
great responsibility, and to relieve from duty as many of 
his officers as practicable, decHned to be a guest, and 
remained at his post in the citadel. 

At that party the court and bar became acquainted with 
the British officers, stationed at Fort Maiden, and received 
a pressing invitation to visit them, and spend a night at 
their quarters in the garrison. At the same time. Captain 
Currie, of the John Adams, an armed vessel of the United 
States, politely offered to convey the party to Maiden, and 
from thence to Maumee Bay. These invitations were ac- 
cepted, and, as soon as the court had finished the business 
of the term, they and the bar sent their horses by land to 
the foot of the Rapids, and embarked for the British garri- 
son. They were received by Captain McMullen, the com- 
mandant, and entertained with great hospitality. He gave 
them a fine supper, good wine, and excellent beds ; which 
were seldom met with, by western travelers, in those early 
days of territorial improvement. In the morning, the 
party took leave, and returned to the vessel. 

At that time, the fort was in a very unfinished state, and 
no material or preparation was discovered for completing 
it. It was said, however, by the officers, that preparations 
were in progress for that purpose, and that it was the 
intention of government to put the works in a complete 



NORTH-WESTERN TERRITORY. 287 

state for defence, without delay. Early in the afternoon, 
the brig cast anchor in the Maumee Bay, and the barge 
was let down and manned. Having taken leave of the 
officers, the party took their seats, and in a few hours were 
landed at the foot of the Rapids. The passage was pleas- 
ant, and the misery of wading through the deep mud of the 
Black Swamp was escaped. 

The residue of the journey to Cincinnati, presented 
nothing unusual. 



CHAPTER XIV. 

Five thousand white males in the Territory. — Proclamation of the Governor. 
— Delegates to the Assembly elected. — Second grade of Territorial Gov- 
ernment organized. — Members of the first Territorial Legislature. — Their 
Character. — Talents. — Employments. — Movements of Colonel Burr. — Mr. 
Smith implicated. — Probably without cause. — Burr's visit to Cincinnati. — 
Notice taken of him. — War with Spain contemplated. — May account, proba- 
bly, for Burr's movements. — Principles of the Federal party. — Their agency 
in forming and adopting the Federal Constitution. — Condition and character 
of the country improved by their measures. — Origin of their name. — Have 
long ceased to exist as a party. 

In 1798, it was ascertained that the North-western Terri- 
tory contained five thousand white male inhabitants, and 
was therefore entitled, as a matter of right, to enter on the 
second grade of territorial government, provided for in the 
ordinance of 1787. This fact was made known by the 
proclamation of Governor St. Clair, calling on the people 
to elect Representatives to the first General Assembly, and 
requiring the members, when elected, to meet at Cincin- 
nati, in Convention, for the purpose of nominating ten 
persons, to be returned to the President of the United 
States; five of whom, it was his duty to select; and, with 
the advice and consent of the Senate, commission as a 
Legislative Council. The Representatives were chosen, 
and assembled at Cincinnati, on the 4th of February, 1799, 
as required by the proclamation. After due deliberation 
they made the nomination — reported it to the Governor, 
and then adjourned, to meet at Cincinnati, on the 16th of 
September, ensuing. The Governor transmitted the names 



NORTH-WESTERN TERRITORY. 289 

of the nominees to the Secretary of State ; and, in due 
time, by and with the advice and consent of the Senate, 
the President appointed " Jacob Burnet and James Findlay 
of Cincinnati; Henry Vanderburgh, of Vincennes; Robert 
Oliver, of Marietta; and David Vance, of Vanceville; to 
be the members of the Legislative Council, of the Territory 
of the United States, north-west of the river Ohio," which 
was announced by the proclamation of the Governor. 

In choosing members to the first Territorial Legislature, 
the people, in almost every instance, selected the strongest 
and best men, in their respective counties. Party influence 
was scarcely felt; and it may be said with confidence, that 
no Legislature has been chosen, under the State Govern- 
ment, which contained a larger proportion of aged, intelli- 
gent men, than were found in that body. Many of them, it 
is true, were unacquainted with the forms and practical 
duties of legislation ; but they were strong-minded, sensible 
men, acquainted with the condition and wants of the 
country, and could form correct opinions of the operation 
of any measure proposed for their consideration. 

The delegation in the House of Representatives, from 
the county of Hamilton, consisted of seven members; — 
William McMillan, John Smith, Robert Benham, Aaron 
Cadwell, William Goforth, John Ludlow, and Isaac Martin, 
all of them intelligent, substantial men. 

The Representatives from the county of Ross, were, 
Thomas Worthington, Samuel Findley, Elias Langham, 
and Edward Tiffin. 

From the county of Wayne — Solomon Sibley, Jacob 
Visgar, and Charles F. Chobart de Joncaire. 

From the county of Washington — Return Jonathan 
Meigs, and Paul Fearing. 

From the county of Jefferson — James Pritchard. 

From the county of St. Clair — 'Shadrach Bond. 

From the county of Randolph — John Edgar. 

From the county of Knox — John Small. — And, 
19 



290 BURNET'S NOTES ON THE 

Fi'om the county of Adams — Joseph Darlington, and 
Nathaniel Massie. 

As has been before stated, the first Legislative Council 
consisted of James Findlay, and Jacob Burnet, of Hamilton 
county: Henry Vanderburgh, of Knox; David "Nuance, of 
Jetierson; and Robert OUver, of Washington county. 

The whole number of the little band of pioneers, who 
composed the first General Assembly, with the exception 
of Judge Sibley, of Detroit, General Darlington, of West 
Union, and Jacob Burnet, of Cincinnati, have been long 
since gathered to Hieir fathers ; and, according to the 
course of nature, they too, must soon follow their col- 
leagues, as the youngest of tliem is now on the verge 
of fourscore years.* 

Several of the members of that Assembly were men of 
the first order of talents ; and, Mitli scarcely an exception, 
they would all be now estimated as well qualified for State 
legislators. 

Of the first class was William Mc]Millan, of Hamilton 
county. He possessed an intellect of a high order; and 
had acquired a fund of information, general as well as pro- 
fessional, which qualified him for great usefulness, in the 
eai'ly legislation of the Territory. He was a native of 
Virginia, educated at WUlicnn <?«</ -l/(?r//, and was one of 
the first adventurers to the Miami Valley. He was the 
son of a Scotch Presbyterian of the strictest order, who 
had educated him for the ministiy ; and who was, of course, 
greatly disappointed, when he discovered that he was 
unwilling to engage in that profession, and had set his 
heart on the study and practice of the law. After many seri- 
ous discussions on the subject, the son, who understood the 
feelings and prejudices of his father, at length told him he 



* Since this article was written, Judge Sibley has paid the debt of nature. 
He died at Detroit in 1845, at the advanced age of seventy-seven, universally 
beloved and respected. 



NORTH-WESTERN TERRITORY. 291 

would comply with his request, but that it must be on one 
condition — that he should be left at perfect liberty to use 
Watts's version of the Psalms. The old gentleman was 
greatly astonished, and rebuked his son with severity ; but 
never mentioned the subject to him afterwards. 

Mr. Sibley was a lawyer of high standing, and was consid- 
ered one of the most talented men of the House. He pos- 
sessed a sound mind, improved by a liberal education, and 
a stability and firmness of character, which commanded 
general respect, and secured to him the confidence and the 
esteem of his fellow members. He afterwards married the 
only daughter of Colonel Sproat, of Marietta, who had been 
a meritorious officer in the war of the Revolution. Mrs. 
Sproat was the daughter of the venerable Commodore 
Whipple, of revolutionary memory. 

Mr. Meigs and Mr. Fearing were lawyers of Marietta, in 
Washington county. The former afterw^ards filled the 
office of Judge of the General Court of the Territory; 
Judge of the Supreme Court of the State of Ohio; Gov- 
ernor of that State ; and Postmaster General of the United 
States, under the administration of Mr. Monroe. 

The latter was elected delegate to the Congress of the 
United States, in the year 1800, and took his seat in that 
body, in December, 1801. 

Mr. Darlington and Mr. Massie, of Adams county, were 
among the earUest and most enterprising adventurers to the 
Northwestern Territory; and shared largely in the dangers 
and privations attending the first settlement of the country. 
They were useful members of the House, and occupied a 
high standing in the estimation of the people. 

]VIr. Massie w^as a surveyor and locator of Virginia Mili- 
tary Land Warrants, in the district between the Scioto 
and Little Miami rivers ; reserved for that purpose, in the 
deed of session of Virginia. His manners were polished 
and agreeable ; his talents and acquirements were respect- 
able ; and, having been brought up in the State of Virginia, 



BURNET'S NOTES ON THE 

he possessed some of the peeuharities which distinguish the 
citizens of the Old Dominion from those of other States. 

Mr. DarUngton was also a ^'^irginian, by birth. He 
had a bold, enterprising mind, and enjoyed the confidence 
of the people of the Territory, in a high degree ; in con- 
sequence of Mhich, he has been continued in office from 
the adoption of the second grade of Territorial govern- 
ment, until very recently; and, although an ocfoi^rnai-ian, 
he discharged the duties of Clerk of the Supreme Court, and 
of the Com-t of Common Pleas, with great punctuality and 
exactness. 

The county of Ross had a representation which was not 
excelled in talent and energy, by that of any other in the 
Territory. She selected her strongest men as guai'dians of 
her interest. Worthington, Tiffin, Findley, and Langham, 
and subsequently, Nathaniel Massie, were qualified to ex- 
ert an influence in any deliberative assembly. They were 
all natives of Virginia, excepting Mr. Tiffin, who Avas born 
in Great Britain, and, as was generally understood, and 
believed, came to this country in the capacity of a sur- 
geon's mate, in the army of General Burgoyne. Mr. Wor- 
thington and Mr. Tilhn were afterwards, in succession, 
Senators in Congress, and Governors of the State of Ohio; 
and participated largely in the confidence and patronage of 
the State. General Findley and Major Langham were 
ollicers in the army of the Revolution, and had been dis- 
tinguished by their bravery and good conduct. 

Mr. Benham, of the Hamilton delegation, was an officer 
in the Revolutionaiy War. In 1777, he descended the Ohio 
to St. Louis, A\ith a party of seventy or eighty* men, in keel 
boats, from Pittsburgh, commanded by Major Rogers, for 
the purpose of procuring clotliing for the American troops. 
?-^*t* \0n their retm-n, they landed about a mile below the Little 
INIiami, on the Kentucky shore, to prepare, and eat their 
breakfast. While there, they were discovered by a party 
of six or seven hundred British and Indians, who had de- 



NORTH-WESTERN TERRITORY. 203 

scended the Little Miami in canoes, on their way to attack 
the frontiers of Virginia and North Carolina; by whom 
they were surrounded and destroyed. Mr. Benham, with 
a broken thigh, was so concealed by high weeds and thick 
underbrush, that he escaped the notice of the savages, and 
was left alive on the ground. After the enemy had disap- 
peared, he succeeded in crawling to the river, at the mouth 
of Licking, carrying with him his rifle and ammunition; 
where he found one of his comrades, with both liis arms 
broken, they being the only two of the party who escaped 
with life. 

They remained in that hopeless condition several days, 
during which time Mr. Benham, having the use of his arms 
and hands, obtained food by shooting game, which his com- 
panion brought in, in his teeth, and in the same way he 
brought water in his hat, from the river. They subsisted on 
raw flesh, and river water, till they discovered a Kentucky 
boat descending the Ohio, on its way to the Falls, which 
they hailed. At first the persons on board fearing a decoy, 
refused to answer ; but, after much entreaty, and the most 
solemn assurances that they were wounded Americans, and 
that there were no Indians in the neighborhood, the boat 
came to with great hesitation and fear, took them in, and 
conveyed them to the Falls, where their wounds were 
cured. 

Mr. Benham was one of the first adventurers to Judge 
Symmes' purchase. He served in the army under General 
Harmar, in 1789 — was in the bloody defeat of St. Clair, on 
the 4th of November, 1791, and shared in the glorious vic- 
tory of Wayne, on the 20th of August, 1794. 

He was possessed of great activity, muscular strength, 
and enterprise — ^had a sound discriminating judgment, and 
great firmness of character — and was a safe and useful 
member of the assembly. He was the grandsire of the 
accomplished Mrs. Harriet Prentice, of Louisville. 

Colonel Edgar was an inhabitant of Canada, when the 



294 BURNET'S NOTES ON THE 

American Revolution commenced, but being in principle, a 
warm decided Whig, he left the British territory — removed 
to the United States, and was one of the corps of Revolu- 
tionary patriots denominated Canadian Refugees. After 
the close of the war, he settled on the Mississippi, where he 
acquired a handsome property, and lived to an advanced 
age. 

John Smith, of Hamilton county, was scarcely excelled 
by any member in either house, in native talent and men- 
tal energy. Though he felt, very sensibly, the want of an 
early education, yet the vigor of his intellect was such as 
enabled him, measurably, to overcome that difficulty. His 
ambition to excel, urged him to constant application, and 
soon raised him to a fair standing among the talented and 
influential leaders of the day. In 1803, he represented the 
State in the Senate of the United States, and stood high in 
the confidence of Mr. Jefferson. Subsequently, however, 
his intimacy with Colonel Burr, put an end to all inter- 
course between him and Mr. Jefferson. When the Colonel 
was on his tour through the Western country, in 1806, he 
spent a week or two in Cincinnati. Mr. Smith was then a 
Senator, and had been a member of that body when Colonel 
Burr presided in it, as Vice President of the United States. 
He, therefore, very naturally invited him to his house, and 
tendered to him its hospitality during his stay in the place. 
This act of respect and kindness, dictated by a generous 
feeling, was relied on as evidence that he was a partizan 
of the Colonel, and engaged in his project. A number of 
persons then residing in Cincinnati, who were in constant 
and intimate intercourse with Colonel Burr, and who were 
universally believed to be engaged in his undertaking, what- 
ever it might have been, deserted him as soon as the storm 
began to gather. Some of them figured in the trial at 
Richmond, in 1807, as patriots of spotless purity. 

When the Governor of Ohio made his communication to 
the Legislature on the subject, which was the commence- 



NORTH-WESTERN TERRITORY. 295 

ment of the military movements, familiarly called at that 
day *' the Bur}- War,''' it was amusing to see those men, who 
had so recently been the most devoted attendants on the 
Colonel, and the most vocal in his praise, denouncing him 
as a traitor, and tendering their services to the Governor of 
the State, to arrest the culprit and bring him to justice. 
Mr. Smith was a firm, consistent man, not easily alarmed; 
he solemnly affirmed his belief that Colonel Burr was not 
engaged in any project injurious to the country, and refused 
to join in the outcry against him, or to aid in the measures 
that were taken to procure his arrest. The consequence 
was, he was denounced himself, and a bill of indictment 
found against him, which was, however, abandoned with- 
out an attempt to bring him to trial. 

In conversation with his friends, Mr. Smith stated, that 
before the movements of Burr had attracted general notice, 
Mr. Jefferson requested a confidential interview with him, 
(Smith;) at which he enquired if he was not personally 
acquainted with the Spanish officers of Louisiana and Flor- 
ida. On being answered in the affirmative, he went on to 
state, that a war with Spain seemed to be inevitable; and 
that it was very desirable to know the feelings of those 
men towards the United States, and whether reliance could 
be placed on their friendship, if a war should take place 
between the two countries. At the same time, he re- 
quested him to visit that country, with reference to that 
object. Mr. Smith stated further, that he did visit the 
country, as requested; and that, on his return, he reported 
to Mr. Jefferson, that the governor, the inferior officers, an 
the inhabitants generally, were not only friendly, but 
were desirous of attaching themselves to the United States. 
This was in the summer preceding the war message 
against Spain, which was sent to the two Houses of Con- 
gress, in December, 1805. Although that message was 
confidential, it soon became known to the diplomatic corps, 
at Washington ; and the French minister was ordered by his 



296 BURNET'S NOTES ON THE 

master, Napoleon, to inform the American Government, 
that France would take part with Spain, in any contest 
she might have with the United States. 

It is matter of history, that after that notice, the project 
against Spain, communicated in the confidential message, 
and referred to in the conversation with Mr. Smith, was 
abandoned; and, about the same time, measures were 
taken by the Administration, to stop the movements of 
Colonel Burr. The inference drawn from these facts, and 
the order of time, in which they occurred, was, that the 
object of Burr's preparations and movements, was the in- 
vasion of Mexico; that the government was apprised of 
that fact; and, that the settlement of Washita lands was a 
mere pretence to cover the real design. 

The persons who composed the Legislative Council, were 
men much respected, and in whom the community had 
confidence. Colonel Vanderburgh was an intelligent citi- 
zen of Vincennes, engaged in the Indian trade. When 
the Legislative Council was first organized, he was chosen 
their President, and held that office till he ceased to be a 
citizen of the Northwestern Territory, by the establishment 
of the Indiana Territory ; the boundaries of which included 
his residence. After that division was completed, and the 
new Territory organized, Mr. Vanderburgh was appointed 
by the President, one of the Judges of the General Court; 
from which, it may be inferred, that his standing in that 
community was highly respectable. 

David Vance, of Jefferson county, was a plain man, of 
respectable acquirements, and of stability and sound judg- 
ment. He was esteemed for integrity and uprightness of 
character; and was, in all respects, worthy of confidence. 

Colonel Robert Oliver, of Washington county, stood high 
in the confidence of the community. He had served with 
credit, as an officer in the army of the Revolution; and, 
like hundreds of others, who were engaged in that glorious 
struggle, found himself, at the return of peace, destitute of 



NORTH-WESTERN TERRITORY. 397 

the means of subsistence, and without an occupation, on 
which he could rely for support. Thus situated, he joined 
the Ohio company of associates, most of whom were Revo- 
lutionary characters, of New England. He was, of course, 
one of the first band of pioneers to the Far West, who 
planted themselves on the Muskingum river, while the 
Territory was a dreary wilderness, without constitution, 
government, or law. 

General James Findlay was a native of Pennsylvania, 
and one of the early pioneers to the West. He settled at 
Cincinnati, while the Indian war was raging with violence ; 
and had his full share of exposure to its dangers. After 
Congress had adopted a system for the sale of the public 
lands, and established a Land ofiice at Cincinnati, he was 
appointed Receiver of Public Money, and was continued in 
that station many years, and until he resigned it. He 
joined the army of General Hull, as a volunteer, and 
marched to Detroit in command of one of the regiments 
which composed that army. When the extraordinary sur- 
render by General Hull took place, he returned to his fam- 
ily and his business. In 1825, he was elected to Congress, 
and was continued in that station by re-elections, till 1833. 
For many years, he was Major General of the first Divis- 
ion of Ohio Militia. He held a variety of offices under 
both the State and general governments, in which he had 
the confidence of the community in a high degree. 

Mr. Burnet, as has been stated elsewhere, is a native 
of New- Jersey, a graduate of Princeton College, and a law- 
yer by profession. During the long period of his profession- 
al labors at the bar, both in the Territory and State, he was 
placed by common consent among the most respectable of 
his professional brethren. He was brought up in the school 
of politicians, who had been active agents in commencing 
and sustaining the Revolution. He was taught to confide 
in the wisdom, and purity of Washington, and his confiden- 
tial associates, who stood at the head of the Federal party — 



298 BURNET'S NOTES ON THE 

formed the new constitution, and were the principal agents 
in convincing the people that it was their duty and their 
interest to adopt it. They settled the principles and ar- 
ranged the plan on which it should be administered; and 
under their guidance it went into successful operation, not- 
withstanding the violent opposition of the party which dis- 
tinguished itself by the characteristic name of Anti-Fede- 
ralist, In a short time, the new government, in the hands 
of its friends, recovered the country from the universal dis- 
tress and embarrassment which the war of the Revolution 
had produced; and was scattering blessings on all classes 
of the people; when the Anti-Federal party, who, under 
that name, had resisted its adoption, assumed the more 
fascinating appellation of Republican, and transferred their 
opposition from the Constitution itself, to the administration 
of it. They commenced a systematic attack on the policy 
adopted by President Washington; they condemned his 
leading measures, and formed a combination to bring him 
into disrepute, and themselves into office; and, after a 
conflict of twelve years, they succeeded in their project. 
In the judgment of Mr. B. they were influenced by mo- 
tives of ambition, and were more anxious to gain power, 
than to reform abuses. He had more confidence in the 
men who formed the Constitution than in their oppo- 
nents, who had uniformly resisted its adoption, and op- 
posed its measures. 

Soon after that party cast off* the name of Anti-Fed- 
eralist, its origin, and their original purpose, were forgot- 
ten. The people were told that the Federalists were aris- 
tocrats, laboring to change the constitution, by giving it the 
substance, as well as the form, of the British government. 
These charges were made so repeatedly — with such bold 
confidence, and came from such high places, that the na- 
tion, at length, were led to believe them. The framers 
and fathers of the Constitution were set down as its worst 
enemies, and its original opponents as its best friends. 



NORTH-WESTERN TERRITORY. 2^9 

The party which had been called Federalists, because they 
made and supported the new federal government, were 
represented as its original enemies ; and, at the same time, 
its most deadly opponents claimed to be its fathers and 
guardians. 

These false statements, having obtained credence, after 
years of repetition, the name of the party, of which Wash- 
ington was the head, became a term of reproach — indica- 
ting the very reverse of its true and genuine meaning. 
Mr. B., however, knew that it implied, neither more nor 
less, than devotion to the new federal government. For 
that reason, although the party had long ceased to exist, 
the great majority of them being in their graves; Mr. B. 
retained the name, and still cherishes it, as the distinguish- 
ing appellation, of the purest patriots and statesmen, the 
country has ever contained. 

When the party slang of the day, which has been kept 
alive, for sinister purposes, to the present hour, shall have 
done its work, and be forgotten, the historian, without risk 
to his popularity, will do justice to that abused, persecuted, 
misunderstood party. He will record their political course, 
impartially, and will verify the fact, that they were the 
fathers of the Revolution — the instigators of the Declara- 
tion of Independence — and the framers of our present hap- 
py form of government ; and that, by their efforts and influ- 
ence, the country was raised from poverty to affluence, and 
from the contempt of Europe, to the confidence and admi- 
ration of the world. He will cause it to be known, and 
acknowledged, that before they were driven from power, 
they had" saved the nation — established her character — 
renovated her energy, and laid the foundation of all her 
subsequent prosperity. 

A consciousness of these truths prompted Mr. Jefferson 
to declare, in his inaugural address, at the moment he took 
the reins of government from the hands of the Federalists : 
"We are all RepubUcans, we are all Federalists." 



CHAPTER XV. 

Legislature assemble at Cincinnati. — Their proceedings. — Harrison elected 
Delegate to Congress. — His instructions. — His course in Congress approved. 
— Territory divided. — Harrison appointed Governor. — The Ordinance of 
1787. — Its provisions. — Liberty, civil and religious, secured. — Territorial 
code defective. — Remedied by the Legislature. — French inhabitants. — Their 
common fields. — Burning of Prairies. — Injury resulting. — Regulated. — Ju- 
risdiction on the Ohio River. — Claims of Kentucky. — Inconveniences. — 
Act of the Legislature touching it. — Compact between Virginia and Ken- 
tucky. — Legislation of the Governor and Judges. — Of the General Assem- 
bly. — Education encouraged. — Protection of the Indians. — Vetoes of the 
Governor. — Property qualification. — Limited slavery. — Attempt to intro- 
duce it. — Auditor's Certificates. — Address of the General Assembly, com- 
plimentary to President Adams. 

On the 16th September, 1799, both branches of the Legis- 
lature assembled at Cincinnati, elected their officers, and 
informed the Governor that they were ready to proceed to 
business. The Governor met them the next day, in the 
chamber of the Representatives, and in a very elegant ad- 
dress, congratulated them and their constituents on the in- 
teresting change that had taken place in the form of their 
government; — a change, by which the power of making 
their laws had been taken from the hands of men in whose 
appointment they had no agency, and over whom they had 
no control, and committed to others of their own choice. 
He laid before them a full and faithful view of the condi- 
tion and the wants of the Territory ; and recommended to 
their attention such measures as he believed were proper 
to advance the prosperity and happiness of the people. 

As this was the first session of the Legislature, it was 



NORTH-WESTERN TERRITORY. 301 

necessarily a laborious one. The transition from a colonial 
to a semi-independent government, called for a general re- 
vision and enlargement of the statute book. Some of the 
adopted lav^^s were repealed — many of them were alter- 
ed and amended, and a long list of new acts were added 
to the code. The change made it necessary to create new 
offices, and prescribe the duties of those who were to fill 
them. The increased expenditure, caused by the change 
which then took place, made it necessary to devise a plan 
of ways and means to meet it. As the number of mem- 
bers in each branch was small, and a portion of them either 
unprepared, or indisposed to partake largely in the labor of 
legislation, the principal pressure of it, rested on the shoul- 
ders of a few. 

One of the important duties of the session was the elec- 
tion of a delegate to represent the Territory in Congress. 
As soon as the Governor's proclamation made its appear- 
ance, the selection of a person to fill that place excited gen- 
eral attention. Several names were mentioned, and among 
them the name of Mr. B., whose friends pressed him to be- 
come a candidate ; and ventured to give him strong assu- 
rances of success, if he would consent to serve ; but, being, 
at the time, in an extensive practice, and not wealthy, he 
could not afford to quit his profession, or abstract from it as 
much time and attention, as the duties of the station would 
require. In addition to this, it appeared to him, that he 
could be more useful to the people of the Territory in their 
own Legislature, than in Congress. For these reasons, he 
refused to be a candidate; and before the meeting of the 
Legislature, public opinion had settled down on William 
Henry Harrison and Arthur St. Clair, Jr., who were the 
only candidates for the office. 

On the 3d of October, the two Houses met in the Repre- 
sentative chamber, according to a joint resolution, previ- 
ously adopted, and proceeded to the election. The ballots 
were taken and counted, when it appeared that William 



302 BURNET'S NOTES ON THE 

Henry Harrison, had twelve votes, and Arthur St. Clair 
ten votes. William Henry Harrison v\ras therefore declared 
to be duly elected. On being furnished with a certificate 
of his election, he resigned the office of Secretary of the 
Territory, proceeded forthwith to Philadelphia, and, Con- 
gress being then in session, immediately took his seat, as 
the Representative of the Northwestern Territory. Though 
he retained it but a single session, he succeeded in obtain- 
ing some very important advantages for his constituents. 

He introduced a resolution to subdivide the surveys of 
the Public Lands, and to have them offered for sale in 
small ti'acts ; which he succeeded in getting through both 
Houses, in opposition to the interest of speculators ; who 
had till then monopolized the business of retailing lands to 
the poorer classes of the community, at advanced prices. 
That act was hailed as the most beneficent measure that 
Congress had ever adopted for the people of the West. It 
put it in the power of every industrious man, poor as he 
might be, to become a freeholder — to cultivate his own 
domain, and lay a foundation for the support and future 
comfort of his family. At the same session he obtained a 
liberal extension of the time of payment, in behalf of those 
persons who had procured pre-emption rights to lands they 
had previously bought of Judge Symmes, lying beyond the 
limits of his patent, and for which it was not in his power to 
make titles. That indulgence enabled them to secure their 
farms, and, eventually, to become independent and wealthy 
men. At the same time Congress divided the Northwes- 
tern Territory, by establishing the new Territory of Indiana; 
of which Mr. Harrison was appointed Governor, and Su- 
perintendent of Indian affairs. He accepted those ap- 
pointments and resigned his seat in Congress. By this 
division, Mr. Vanderburgh became a citizen of Indiana, 
and his seat in the Legislative council was vacated. 

The Ordinance and the Compact, which were the Con- 
stitution of the Territory, contained but little specific legis- 



NORTH-WESTERN TERRITORY. 303 

lation. It prescribed the rule of descents; the mode of 
transferring real estate, by deed of lease and release; and 
of devising or bequeathing it by will. It regulated the 
right of dower, and authorised the transfer of personal 
property, by delivery; saving always to the French and 
Canadian inhabitants, and other settlers who had before 
professed themselves citizens of Virginia, their laws and 
customs then in force among them, relative to the descent 
and conveyance of property. In addition to these provis- 
ions, the compact ordained, that no person demeaning him- 
self in a peaceable manner, should be molested on account 
of his mode of worship, or religious opinions. It also 
secured to the inhabitants forever, the benefit of the writ 
of habeas corpus — of trial by jury — of a proportionate 
representation of the people in the Legislature, and of 
judicial proceedings, according to the course of the Com- 
mon Law. 

It further provided, " that all persons should be bailable, 
unless for capital offences, etc.; that all fines should be 
moderate; that no cruel or unusual punishments should 
ever be inflicted; that no man should be deprived of his 
liberty or property, but by the judgment of his peers, or the 
law of the land; that if the public exigency made it neces- 
sary to take the property, or services of any individual, full 
compensation should be made for the same ; that no law 
should ever be enacted to affect private contracts or en- 
gagen^ents, bona fide, and without fraud, previously made ; 
and that there should be neither slavery nor involuntary 
servitude, other than for the punishment of crimes : Pro- 
vided always, that any person escaping into the Territory, 
from whom labor or service was lawfully claimed, in any 
one of the original States, such fugitive might be lawfully 
taken and conveyed to the person claiming his or her labor 
or service." 

The great principles of civil and religious liberty, con- 
tained in this invaluable document, were guaranteed to the 



304 BURNET'S NOTES ON THE 

people of the Territory and their posterity forever, by the 
venerable Fathers of the Revolution, vrhich entitled them to 
endless gratitude. Valuable, however, as these principles 
were, they reqmred much specific legislation, to carry them 
into practical use. 

The statutes, which had been adopted, from time to time, 
by the Governor and Judges, formed a miserable apology 
for a code of statute laws. Many subjects of interest were 
not embraced in them, and most of those which were, were 
in a crude imperfect state. The most useful of them were 
taken from the Pennsylvania code, with the exception of 
one, from the code of Virginia, which adopted the common 
law, and such of the English statutes, made in aid of it, 
prior to the 4th of James I. as were of a general nature, 
and applicable to the country. Although this law was im- 
portant in the administration of justice ; as without it, the 
courts must have legislated, in many of the cases which 
came before them ; yet it was so general and indefinite in 
its terms, that questions were perpetually arising, at the 
bar and on the bench, as to which of the statutes of the 
English code were adopted; and whether such parts of 
statutes as were applicable to the state of the country, 
might be taken, and others rejected; as, for example, in a 
case in which the defence rested on a plea of usury, there 
being no statute of the Territory on that subject, the 
defendant relied on the statute of 13th Elizabeth, which 
came clearly within the terms of the adopting law, both as 
to time and subject matter; yet, as it authorised an interest 
of ten per cent., and the interest of the Territory, established 
by general consent, was only six per cent., it became a 
question, whether it did or did not justify that rate of in- 
terest ; and if not, whether the penalty of the act could be 
enforced in that case. 

On many interesting subjects, particularly those relating 
to remedies, and the mode of enforcing them, there had 
been no legislation. The course of the Common Law was 



NORTH-WESTERN TERRITORY. 305 

relied on, which was tedious, and, in most cases, difficult 
and expensive ; and the more so, as there was not any 
tribunal in the Territory vested with Chancery powers. 
The Com-ts of Common Law, as far as their forms and 
modes of administering justice would permit, assumed those 
powers from necessity, by which partial relief was obtained. 

On the subject of the partition of real estate — assignment 
of dower — relief of insolvent debtors — settlement of dis- 
putes by arbitration — divorce, and alimony — equitable set 
off, and execution of real contracts, the territorial code was 
entirely silent. To supply that deficiency, an onerous 
duty was imposed on the Legislature, at their first session. 
In most of the cases mentioned, laws were passed providing 
simple and easy modes of proceeding. 

The subject of education occupied their serious attention; 
and among other measures, they instructed the delegate in 
Congress to use his influence to induce that body to pass 
the laws which were considered necessary to secure to the 
Territory the title of the lands that had been promised for 
the support of schools and colleges, including section No. 
16, in every township; which had been pledged for the 
support of common schools, in the Ordinance of May, 1785, 
and confirmed by another of July, 1787. 

It was made the duty of the Legislature, by the Ordi- 
nance for the government of the Territory, " to observe the 
utmost good faith towards the Indians; to protect their 
property, rights and liberty ; and to pass laws founded in 
justice and humanity, for preventing wrongs being done to 
them.'' On the recommendation of the Governor, that sub- 
ject was investigated, and a law was passed for their relief, 
covering all the ground to which it was supposed the power 
of the Legislature extended. 

As the dividing line between the North-western Terri- 
tory and the new Territory of Indiana, had not been run, it 
was a matter of doubt, into which Territory the island of 
Mackinaw and the adjacent settlements would fall. To 
20 



306 BURNET'S NOTES ON THE 

remove that doubt, measures were taken to ascertain their 
true position. Measures were also taken to obtain for the 
people of Detroit a confirmation of their right to a tract of 
land adjoining the town, which they had used from the first 
settlement of the country, as a public common. 

The two houses also adopted a remonstrance, addressed 
to Congress, against the unqualified veto given to the Gov- 
ernor, over the acts of the Legislature ; and against the ex- 
clusive right he claimed of dividing and subdividing coun- 
ties, after they had been created and organized by himself, 
without their concurrence. They also made an effort to 
abolish the property qualification, required by the Ordi- 
nance, and to extend the right of voting for members of the 
Legislature of the Territory, to all free white male citizens 
of the age of twenty-one years and upwards, who had re- 
sided one year in the Territory, and who had paid a Terri- 
torial or county tax. 

During the same session (1799) a memorial was present- 
ed by officers of the Virginia line on Continental establish- 
ment, in the War of the Revolution, praying for toleration 
to remove with their slaves, on to their Military Bounty 
Lands, between the Scioto and Little Miami rivers. The 
prayer of the petition, being unequivocally prohibited by 
the Ordinance, the Legislature had no discretion in the 
case. Their only course was to reject the petition, al- 
though it was apparent, that if the application of the me- 
morialists could have been granted, it would have brought 
into the Territory a great accession of wealth, strength, 
and intelligence ; yet the public feeling, on the subject of 
admitting slavery into the Territory, was such, that the re- 
quest would have been denied, by a unanimous vote, if the 
Legislature had possessed the power of granting it. They 
were not only opposed to slavery, on the ground of its be- 
ing a moral evil, in violation of personal right, but were of 
opinion, that, whatever might be its immediate advantages, 
it would ultimately retard the settlement, and check the 



NORTH-WESTERN TERRITORY. 307 

prosperity of the Territory, by making labor less reputable, 
and creating feelings and habits, unfriendly to the simpli- 
city and industry, they desired to encourage and perpetuate. 

That influence was so strong on the minds of the mem- 
bers of both houses, that, after the rejection of the memo- 
rial, they adopted an address to the people of the Territory, 
recommending industry and frugality — urging them to dis- 
countenance dissipation of every kind — to encourage home- 
manufactures, and retrench unnecessary expense. 

It had been the custom of the French inhabitants of the 
Illinois, Mississippi, and Wabash, from the first settlement 
of the country, to enclose their small farms, which would 
now be denominated truck-patches, by a common fence, 
which frequently gave rise to disputes and quarrels ; some- 
times, as to their respective proportions of expense, in 
keeping up the enclosure — sometimes, by the uncertainty 
of their land-marks — sometimes, by injuries done to their 
crops by carelessness, or otherwise ; and sometimes, in re- 
gard to the use of the enclosure for pasturage, and the 
number of animals that each proprietor should be allowed 
to pasture. These difficulties were, to them, of serious im- 
portance, and were submitted to the Legislature, in the 
form of a memorial. It was not an easy matter to devise 
a remedy for a case so complex. It seemed to resemble 
that of a joint-stock company, not regulated by law, and 
having no rule for its management, but custom, voluntarily 
submitted to. A plan, however, was devised, and made 
obligatory on all concerned, by an act, which regulated the 
enclosing and cultivating of common fields, and which gave 
general satisfaction. 

In that early stage of the settlement of the Territory, 
very serious damage was frequently done, to the property 
of the inhabitants, by setting fire to the woods and prairies 
— sometimes by design, but more frequently by careless- 
ness. It often happened, that by such fires, fences, build- 
ings, stack yards, and other improvements were consumed. 



308 BURNET'S NOTES ON THE 

The extent of the evil, and the apprehension it produced, 
on the public mind, cannot be realized by those who have 
not lived on the frontier of a new, sparsely-settled country. 
Numerous petitions, on that subject, were presented, and a 
law was passed granting relief. 

From the first settlement of the Territory, the Common- 
wealth of Kentucky, claimed exclusive jurisdiction, on the 
Ohio river — which had been reluctantly submitted to, by 
the people of the Territory, and from which very serious 
difficulties and embarrassments had resulted. Persons ar- 
rested by Territorial officers, for crimes committed on board 
of boats, lying at, or floating near the shore of the Terri- 
tory, were released on habeas corpus, or discharged on pleas 
to the jurisdiction of the Territorial courts. Those who set 
up this exclusive right, claimed, that it extended to high 
water mark; and insisted, that when the river at a high 
stage, passed a portion of its water through a bayou, or 
over low ground, into the main stream below, the ground, 
so separated, was an island, within the meaning of the act 
of cession, the jurisdiction and soil of which was vested in 
Kentucky, On that hypothesis, a Virginia Military Land 
Warrant, was located, many years ago, on land so situated, 
for which a patent was obtained, on the ground before 
stated. 

This condition of things was highly embarrassing, and 
frequently resulted in the escape of criminals, from de- 
served punishment. The claim was considered extremely 
oppressive, and was loudly and justly complained of. 
Many persons of intelligence, expressed the opinion, that 
the cession of the entire country, north-west of the river, 
including jurisdiction, as well as soil, in connection with 
the fact, that the river had been declared a public high- 
way, to be used freely as such, by all the citizens of the 
United States, might be considered as giving the people of 
the Territory the jurisdiction they claimed. Mr. B., with 
others, was disposed to maintain that opinion, and to assert 



NORTH-WESTERN TERRITORY. 309 

it, as the only remedy for the embarrassments experienced 
by their magistrates and courts of justice. They enter- 
tained no doubt of their claim to low-water mark, and 
were disposed to claim a common right over the whole 
river, or an exclusive one, to the middle of it. 

Accordingly, in the early part of the session (1799) on 
leave granted to introduce a bill defining and regulating 
privileges, the right of concurrent jurisdiction was affirmed, 
by legalizing the service of process, civil and criminal, on 
any river, or water course, within, or bounding the Terri- 
tory. That bill passed by a unanimous vote, in each 
house, and was approved by the Governor, with a distinct 
understanding, that it asserted the right of concurrent juris- 
diction over the whole river. From that time, the tribu- 
nals of the Territory, and afterwards of the State, sustained 
the legality of arrests made on the Ohio river. Kentucky, 
however, continued to dispute the right, though no serious 
effort was made to resist it, for a number of years ; but, 
subsequently, the opposition on the part of that State, was 
revived, and became so serious, that the Legislature of 
Ohio passed a resolution requesting their Governor to cor- 
respond on the subject, with the Governor of Kentucky. At 
a subsequent session, the Legislature were informed, that 
the Governor of that state had declined holding any cor- 
respondence on the subject. 

When that result was communicated, Mr. B. was a 
member of the House; and having had something to do 
with that matter, in the Territorial Legislature, he deter- 
mined to give it a thorough investigation. Accordingly, he 
examined the entire legislation of Virginia, in regard to it. 
He found that the act passed in December, 1789, authori- 
sing the district of Kentucky to form a separate govern- 
ment, was in the form of a compact, and set forth, dis- 
tinctly, the terms and conditions on which, and on which 
alone, the district should be permitted to form a govern- 
ment for themselves. One of them declared, in express 



310 BURNET'S NOTES ON THE 

terms, that the State to he formed in the disti^ict, should never 
claim the exclusive jurisdiction on the Ohio river ; hut that it 
should he forever common to them and to the people and States on 
the opposite side. These conditions were agreed to by the 
people of Kentucky, and a State Constitution was formed 
in 1792, containing a clause, that the compact with the 
State of Virginia, should constitute a part thereof. 

The result of that examination was communicated to 
the Legislature, and produced a perfect conviction, that the 
right for which they had been attempting to negotiate, was 
secured to them, as far as Kentucky was concerned, by the 
prudence and foresight of the Commonwealth of Virginia. 
Since that time there has not been any difficulty with the 
State, or people of Kentucky. A similar embarrassment, 
however, may arise with the State of Virginia, as to our 
right on the river above the mouth of Big Sandy. But 
judging from what she has done, to secure the jurisdiction 
on the river below that point, it is not presumed she will 
ever desire to restrict it above. 

It has been heretofore remarked, that the labor of pre- 
paring and maturing the business of the Territorial Legis- 
latm*e, rested on the shoulders of a few individuals. In 
proof of that remark, the Journal of the Legislative Coun- 
cil shows, that during the session of 1799, Mr. B., a member 
of that body, prepared and reported the following bills, to 
wit : a bill to regulate the admission and practice of attor- 
neys at law: a bill to confirm and give force to certain 
laws enacted by the Governor and Judges : a bill making 
promissory notes negotiable : a bill to authorise and regu- 
late arbitrations : a bill to regulate the service and retm'n 
of process, in certain cases : a bill establishing courts, for 
the trial of small causes : a bill to prevent trespassing, by 
cutting of timber : a bill providing for the appointment of 
constables : a bill defining privileges, in certain cases : a bill 
to prevent the introduction of spirituous liquors, into cer- 
tain Indian towns : a bill for the appointment of general 



NORTH-WESTERN TERRITORY. 311 

officers, ill the militia of the Territory : a bill to revise the 
laws adopted, or made, by the Governor and Judges : a bill 
to authorise the raising of money by way of lottery : a bill 
for the relief of the poor : a bill repealing certain laws and 
parts of laws : and, a bill for the punishment of arson. 

He was also appointed to prepare and report rules for 
conducting the business of the Legislative Council, and an 
answer to the Governor's address, to the two houses, at the 
opening of the session; and also to draft' a memorial to 
Congress, on behalf of purchasers of land, in the Miami 
country, and a complimentary address to the President of 
the United States. 

During the first stage of Territorial government, from 
1789 to 1799, the law for the collection of small debts sub- 
jected the inhabitants to great trouble and expense; and 
sometimes, to the most oppressive exactions. The coun- 
ties were large, and the jurisdiction of justices, was co-ex- 
tensive with their limits. Process to collect a debt, of one 
dollar, might be sent, and served, fifty miles, or more, from 
the place of its return ; and, in addition to this, justices 
were in the habit of undertaking the collection of debts, far 
exceeding the amount, within their jurisdiction, by dividing 
them into small sums, on each of which, they commenced 
a suit, and allowed the constable his traveling fees ; so 
that, in many cases, the costs very far exceeded the amount 
of the original debt. To abate that grievance, the law 
above referred to, limited the jurisdiction of justices, in 
civil cases, to the townships in which they severally resi- 
ded, and prohibited them from issuing more than one writ, 
or summons, on the same claim. 

The bill defining privileges, reported by Mr. B., protected 
the whole community from arrest, on civil process, on the 
Fourth Day of July, giving protection to all classes of men, 
while engaged in its celebration, and participating in the 
pleasures and festivities, which the elder Adams predicted, 



312 BURNET'S NOTES ON THE 

would distinguish it, to the end of time, from all other days 
in the calendar. It is believed that this was the first legis- 
lative act, in the United States, which hallowed that 
eventful day, and made it a protected jubilee to every in- 
dividual in the nation. Since then, similar exemptions 
have been enacted in several of the States. 

Under the first grade of Territorial government, the Gov- 
ernor and Judges, in their legislative capacity, had taken 
great liberties with the laws they adopted. In some in- 
stances, they retained nothing more than the title of the 
adopted law, the body of it being stricken out, and the va- 
cancy filled with matter to suit themselves. The Govern- 
or, as has been before stated, remonstrated against that 
course ; and, after the organization of the Legislature, pre- 
sented the subject to their consideration, and recommended 
such legislation in reference to it, as they might think ne- 
cessary. In response to that communication, the bill, giv- 
ing effect to those laws, was reported. Their validity, 
though questioned from the beginning, had been acquiesced 
in, for reasons heretofore stated; but it was thought advi- 
sable to remove all doubt, by giving them the sanction of 
the Legislature. 

The bill to prevent the introduction of ardent spirits into 
the Indian towns, was passed at the instance of the mis- 
sionaries of the church of United Brethren, who had made 
establishments, under the authority of Congress, at Shoen- 
brun, Gnadenhutten, and Salem, on the Tuscarawas branch 
of the Muskingum river, then in the county of Washington. 
The Indians in those settlements, had been Christianized, 
and had made considerable progress in agriculture, and the 
arts ; but when the white population settled in their neigh- 
borhood, and began to associate and trade with them, 
whiskey was introduced into their towns, as a profitable 
article of traffic. The effect it was producing, on their in- 
dustry and moral habits, became alarming, and induced 



NORTH-WESTERN TERRITORY. 313 

the missionaries to apply to the General Assembly, for re- 
lief; who granted it promptly, to the extent of the means in 
their power. 

As was expected, the establishment of the second grade 
of government, made it necessary to increase the taxes, to 
meet the additional expenditure, which it had caused. For 
that purpose, provision was made for the appointment of a 
Territorial Treasurer, and an Auditor of Public Accounts, 
o whom the management of the fiscal concerns of the Ter- 
ritory, was committed. 

As the public debt increased faster than the means of 
payment, a resort was had to the credit system. The Au- 
ditor was authorised, in payment of claims on the Trea- 
sury, to issue certificates, which were made receivable for 
taxes, and passed current, at a small discount, in the busi- 
ness transactions of the country. These vouchers were 
denominated " Auditor's Certificates," and were required to 
be cancelled as soon as redeemed at the Treasury. Al- 
though they were printed on common paper, in a plain 
style, no attempt was made to counterfeit them. They an- 
swered a useful purpose, and, in fact, the government 
could not have been sustained without them. The people 
saw they were necessary, as well as convenient, and no 
effort was made to undervalue, or depreciate them. 

At the time now spoken of, the inhabitants of the Terri- 
tory were few in number, and scattered over an extensive 
country. They were poor, and without commerce. All 
their foreign supplies were obtained at a heavy expense; 
and there was no market for the surplus products of their 
small improvements. It is therefore matter of surprise, 
that they were able to sustain the expense of any form of 
government ; and it is evident, they could not have done so, 
without the most rigid economy, in their personal and fam- 
ily expenditures, as well as in the management of public 
affairs. The officers of the Territory were few in number, 
and their salaries were small in amount. The largest re- 



314 BURNET'S NOTES ON THE 

ceived in the Territory, were those of the Governor and 
Judges of the General Court, which were paid from the na- 
tional treasury. To form a correct idea on this subject, it 
must be borne in mind, that, at the time spoken of, the en- 
tire Territory, from Pennsylvania to the Mississippi, and 
from the Ohio to the Lakes, contained only five thousand 
white males, of all ages. Of course, the adults, on whom 
the burden of government rested, were few in number, as 
well as destitute of pecuniary means. 

The Legislature, being anxious to encourage industry 
and frugality, and to check idleness and intemperance, 
passed an act, authorising the appointment of guardians, 
to persons who were wasting their estates, by excessive 
drinking, gambling, idleness, or debauchery of any kind; 
and declaring, that after such appointment, no sale, bar- 
gain, or contract, made by such person, should be held valid 
in law. 

When the session of 1799 was drawing to a close, a joint 
committee was appointed to report an address from the 
General Assembly to John Adams, President of the United 
States. An address was accordingly prepared, and report- 
ed to each house. In the Council, it was adopted by a 
unanimous vote, and in the House of Representatives with 
five dissenting votes. At that time, great unanimity pre- 
vailed in the Territory on political questions ; while the 
States were rent, and almost torn asunder, by party strife. 
This calmness and unanimity, was ascribable, principally, 
to the fact, that the people of the Territory had no voice 
in electing the officers of the General Government, and the 
Government had but little patronage to distribute among 
them. 

The address to the President was complimentary, but 
not more so than was just. It eulogized his talents and 
patriotism, and referred to the great services he had ren- 
dered the country dm-ing the struggle for independence, 
both in the councils of the nation and at foreign courts. It 



NORTH-WESTERN TERRITORY. 315 

alluded, very specially to the firmness with which he re- 
sisted the effort of the British commissioners, dm'ing the 
negotiations at Paris, to make the river Ohio the northern 
boundary of the United States.* It referred to his attach- 
ment to the principles of the Constitution — to his fidelity 
and integrity in administering the government. It gave 
him the strongest assurances of their purpose to sustain 
and support him, in the discharge of his arduous duties ; 
and declared their conviction that those duties had been 
performed with impartiality and a single eye to the pros- 
perity of the nation. 



* When the American and British commissioners were negotiating tlie 
terms of the Treaty of peace at Paris, in 1782, Great Britain insisted on ma- 
king the Ohio river a boundary of the United States. The American com- 
missioners resisted the proposition, principally on the ground that the territory 
north-west of that river had been conquered by General Clarke, in 1778, and 
was then in the occupancy of the troops of the United States. The perti- 
nacity with which the claim was insisted on, induced Dr. Franklin to suggest 
to his colleagues, Mr. Adams and Mr. Jay, whether it would not be better to 
yield that point, than to fail in the main object — it being understood that the 
French government were favorable to the claim. Mr. Adams very promptly 
answered, " No ;" and declared that sooner than yield the western territory, 
he would withdraw from the negotiation — return home, and exhort his coun- 
trymen to continue the war, as long as they could keep a soldier in the field. 
Mr. Jay was equally determined; and Dr. Franklin concurred. It was well 
known that the Count de Vergennes had produced some influence on the 
mind of Dr. Franklin, in favor of the claim. But when the final decision of 
the American commissioners, on that point, was officially declared, that boun- 
dary was reluctantly abandoned. 



CHAPTER XVI. 

Congress remove the Seat of Government to Chillicothe. — Considered an 
usurpation of power. — Meeting of the Assembly. — Governor's address. — 
Replies of the two Houses. — Proceedings of the Assembly. — Law to protect 
the Indians. — Connecticut Reserve. — Controversy settled. — Governor and 
Assembly differ in opinion. — His term of office about to expire. — Power 
of the Secretary to act, in that case, denied. — Assembly prorogued. 

After the close of the first session of the Territorial 
Legislature, Congress passed a law, removing the seat of 
government from Cincinnati to Chillicothe. That step vv^as 
considered, by the most intelligent men in and out of the 
Legislature, as a manifest usurpation of authority ; inas- 
much as the Ordinance had vested the entire legislative 
power of the Territory in the General Assembly, which 
then stood adjourned to meet at Cincinnati, on the first 
Monday in November, 1800 : Nevertheless the two Houses, 
in obedience to that law, though they viewed it as an arbi- 
trary infringement on their rights, assembled at Chillicothe, 
in conformity with the order of Congress. The Governor met 
them, and having stated the measures, which in his opinion, 
required legislative attention, closed his address with these 
emphatic words : 

" My term of office, and yours, gentlemen of the House 
of Representatives, will soon expire. It is, indeed, very 
uncertain, whether I shall ever meet another Assembly, in 
the character I now hold ; for, I well know, that the vilest 
calumnies and greatest falsehoods, are insidiously circula- 
ted among the people, with a view to prevent it. While I 
regret the baseness and malevolence of the authors, and well 



NORTH-WESTERN TERRITORY. 317 

know, that the laws have put the means of correction, fully 
in my power ; they have nothing to dread from me, but the 
contempt they justly merit. The remorse of their own con- 
sciences, will one day, be punishment sufficient. Their arts 
may, however, succeed. Be that as it may, of this I am 
certain — that, be my successor who he may, he can never 
have the interest of the people of this Territory, more truly 
at heart, than I have had ; nor labor more assiduously for 
their good, than I have done. I am not conscious that any 
one act of my administration, has been influenced by any 
other motive, than a sincere desire, to promote their wel- 
fare and happiness." 

To this address each House returned such a reply, as suited 
its taste and feeling. The answer of the Legislative Coun- 
cil, closed with the following remarks : 

" It is with real concern and indignation, that we view 
the malicious attempts which have been made, to asperse 
the character of your Excellency ; and though the provisions 
of the law might subject the authors to punishment, yet we 
agree with you, that attempts so despicable, and wicked, 
deserve no other notice than contempt. Believing that 
your general conduct, as chief magistrate, has been dictated 
by a pure desire to promote the interests and welfare of 
the people of this Territory, the Legislative Council feel it 
a duty incumbent upon them, at this time, to express their 
confidence in your administration, and their wishes for its 
continuance." 

In the address presented by the House of Representatives, 
the following sentiments were contained : 

" We regret, sir, that calumny and falsehood, should be 
resorted to, in order to render your administration unpopu- 
lar, among the good people of this Territory ; but, we trust, 
the services you have rendered heretofore, in the cause of 
liberty and your country, together with the manifest purity 
of your intentions, since you have been entrusted with the 
dignified office you now fill ; will be a sufficient shield, to 



318 BURNET'S NOTES ON THE 

guard you against the unprovoked attacks of the wicked 
and malevolent." 

In the Legislative Council, the reply to the Governor's 
address was passed by a unanimous vote ; but in the other 
House, there was an opposition, and the ayes and noes being 
demanded, the vote stood, ayes 10, noes 7. 

It will be recollected, that before, and at the time, the 
Ordinance for the government of the Northwestern Terri- 
tory was made and adopted, the State of Connecticut had 
a claim to the jurisdiction and soil of a large tract of land, 
situate on the south shore of Lake Erie, within the limits of 
the Territory, then estimated to contain about two millions 
and a half of acres, denominated " The Western Reserve of 
Connecticut." That claim was predicated on an averment, 
that the charter of the colony, extended to the Pacific Ocean ; 
and that in her relinquishment of western lands to Con- 
gress, she had specially reserved that strip, for her own use. 
Fears had been entertained, that the claims of that State, 
adverse to those of the United States, might be attended 
with unpleasant results ; as the Territorial Legislature, fol- 
lowing in the footsteps of the Governor and Judges, in the 
exercise of their legislative functions, had assumed jurisdic- 
tion over the entire Territory, in conformity with the Ordin- 
ance ; and were enforcing the execution of their laws, by 
their own officers and judicial tribunals. Those unpleas- 
ant apprehensions, however, were removed, before any col- 
lision took place, by an agreement between that State and 
the United States ; executed in the spring of 1800, which 
was communicated, officially to the Legislature, in the Gov- 
ernor's message. By that arrangement, the State of Con- 
necticut relinquished to the United States, all right of juris- 
diction ; and the United States relinquished to Connecticut, 
all right of title, to the soil of the disputed territory. 

Early in the session the two houses met for the purpose 
of filling the vacancy in Congress, occasioned by the resig- 
nation of Mr. Harrison, and also to elect a Delegate for 



NORTH-WESTERN TERRITORY. 319 

the next succeeding Congressional term. The ballots hav- 
ing been taken and counted, in the manner prescribed, 
it appeared that Mr. McMillan, of Hamilton county, was 
duly elected to fill the vacancy until the 4th day of March, 
and that Paul Fearing, of Marietta, w^as elected to repre- 
sent the Territory for the two years thereafter. 

During the session of 1800, upwards of twenty laws 
were passed, some of which were of great importance, and 
all were supposed to be necessary for the convenience and 
safety of the inhabitants. The law requiring the proprie- 
tors of towns, to cause the original plats thereof, together 
with affidavits of their correctness, to be recorded, and 
imposing penalties for disobedience, has been of great use 
in adjusting controverted claims to individual property and 
public franchises. 

The law defining seals to be affixed to certain instru- 
ments of writing, was considered as a dangerous innova- 
tion on the established law. It declared a scrawl made 
with pen and ink to be a valid seal to all instruments of 
writing requiring seals, except deeds, wills, and bonds, and 
powers of attorney, for the conveyance of real estate. 
After that act had been in operation a few years, the sub- 
ject was again taken up by the Legislature, in 1805, and 
the provision was extended to all instruments whatever, to 
which seals were required by law. 

The law for the maintenance and support of illegitimate 
children, which was passed at that session, allowed the 
mother of the bastard child to be a competent witness to 
prove the person accused by her to be its father. That 
feature of the bill was considered dangerous, as it put it in 
the power of an abandoned woman to screen her para- 
mour, and fix the penalty of his crime on an innocent indi- 
vidual, and also to extort money from innocent persons, to 
escape the consequences of being publicly though falsely 
charged. On that account it was opposed with some 
warmth. The members who supported it, admitted that 



320 BURNET'S NOTES ON THE 

there were cases in which it might operate unjustly ; but 
contended, that without the provision, the law, in almost 
every case, would prove a dead letter, and the seducer 
escape punishment. That appeal to the sympathy of the 
members prevailed, and the provision was retained. 

The act regulating Circuit Courts and allowing appeals 
from the Court of Common Pleas, passed at the same ses- 
sion, contained a new principle, that of permitting an issue 
of fact after it had been fully and fairly tried by a jury, to 
be taken up by either party as a matter of right, to the 
Supreme Court, and tried a second time on its merits, by 
which cost was accumulated, and the administration of 
justice, especially in the collection of debts, greatly impe- 
ded and delayed. For these reasons the passage of the 
bill was opposed, though unsuccessfully. It was not long, 
however, before all parties admitted that the provision 
operated injuriously ; yet, strange as it may be, it was con- 
tinued in force till 1845. The writer of this article was a 
member of the Legislative Council, and opposed the bill, 
in the year 1800, and has lived to see it repudiated and 
repealed, after an experiment of forty-five years. 

During the same session, a joint committee was ap- 
pointed for the purpose of investigating the books of the 
Treasurer, and the Auditor of Public Accounts. That com- 
mittee having discharged the duty assigned them, reported, 
that they found the accounts to have been regularly kept, 
and to correspond with the report and exhibits laid before 
tlie Assembly at the commencement of the session. They 
also expressed an opinion, founded on reasons set forth in 
their report, that the revenue for the current year would be 
sufficient for the wants of the Government, and that the 
credit of the Territory would be honorably maintained. In 
regard to the accounts of Rice Bullock, the former Auditor, 
they reported, that they found them so inaccurate, that 
they were unable to make a satisfactory report, and re- 
commended the appointment of Commissioners, to take 



NORTH-WESTERN TERRITORY. 321 

charge of, and report on them, to the next session of the 
Legislature. That recommendation was agreed to, and a 
committee appointed accordingly. 

Soon after the organization of the General Assembly, in 
1799, it was ascertained that an unhappy difference in 
opinion existed, between that body and the Governor, on 
the subject of the division, and alteration of counties. 
The Ordinance provides, that the Governor shall proceed, 
from time to time, as circumstances may require, to lay out 
the parts of the district in which the Indian title shall have 
been extinguished into counties and townships, subject, 
however, to such alterations as may thereafter be made by 
the Legislature. Under that provision it was insisted by 
the General Assembly, that after the Governor had laid out 
the country into counties and townships, as he had already 
done, under the first grade of Government, it was compe- 
tent for them to pass laws, altering, dividing, and multi- 
plying, them at their pleasure, to be submitted to the Gov- 
ernor for his approbation. They insisted that, when the 
Territory had been divided into counties by the Governor, 
his exclusive power was exhausted, and any alterations 
thereafter required, were to be made by the Legislature, 
with his assent. They contended that a power to lay out 
new counties, where none existed before, did not carry with 
it a right to alter or divide them after they had been laid 
out, and especially so when the exercise of the latter power 
was otherwise expressly disposed of. On the other hand, 
the Governor alledged, that the General Assembly had no 
right to meddle with that subject, affirming, that the whole 
power in regard to it was vested in himself. They per- 
sisted, however, in their claim of right, and passed a num- 
ber of bills altering the boundaries of some of the coun- 
ties, and dividing others so as to establish new ones, and 
sent them to the Governor for his approval. He refused 
to consider them, assigning as his reason that the Assembly 
had transcended their powers by attempting to act on the 
21 



323 BURNET'S NOTES ON THE 

subject, and did not even return them to the House in 
which they originated. 

Anxious to remove that difficulty, early in the session of 
1800, the Assembly sent to the Governor a joint address, 
stating the grounds on which they claimed the right of 
legislating on the subject; and respectfully requesting him 
to re-consider the decision he had made. To that address 
he returned an elaborate reply, re-affirming his exclusive 
right, and attempting to support it, by reasons more plausi> 
ble than solid ; some of which were by no means compli- 
mentary to the judgment or intelligence of the Assembly. 

So far as pride of opinion was involved, the Assembly 
had the satisfaction of knowing that their construction of 
the Ordinance in regard to the power in question, was 
sanctioned by Congress, without any effiart on their part to 
produce that result. 

It was the duty of the Governor to report his official pro- 
ceedings, from time to time, to the Secretary of State of the 
United States, to be submitted to Congress for their ap- 
proval. Among other communications, a statement of the 
new counties laid out and established by him subsequent 
to the organization of the General Assembly, was trans- 
mitted. When that document was taken up in the Senate 
for consideration, it was objected that the Governor had 
exhausted the power given him by the Ordinance, to lay 
out the Territory into counties and townships, before the 
counties in question had been formed, and that the entire 
power, on that subject, was then vested exclusively in 
the Territorial Legislature. The Senate concurred in that 
opinion, and of course disaffirmed the proceedings of the 
Governor. 

The result was, that the inhabitants of those districts were 
very seriously disappointed, and, during the temporary ab- 
sence of the Governor, addressed the Secretary of the Ter- 
ritory, Charles Wylling Byrd, asking for relief. The Secre- 
tary advised them, in substance, that his powers were limit- 



NORTH-WESTERN TERRITORY. 323 

ed, and that he could not grant their request; but that he 
would embrace the first opportunity of presenting their 
case to the Legislature, and would exert his influence to 
give it effect. It so happened, however, that before the day 
appointed for the next session of the Territorial Legislature 
arrived, a Convention had been elected, and the Legisla- 
ture did not assemble. In confirmation of these facts, the 
reader is referred to the Appendix, I. 

From the first organization of Government in the Territo- 
ry all elections had been held viva voce. In the Governor's 
address to the Legislature, he invited their attention to that 
subject; and suggested a variety of reasons, why, in his 
opinion, the people would be able to give their votes with 
more freedom and independence, if they were permitted to 
do it, by written or printed ballots ; not to be opened or 
inspected, at the time of their presentation. One of the 
chief inducements offered to make the proposed change 
was, that tenants, and persons under pecuniary liabilities, 
could not vote openly, according to their own judgment, 
without encountering the hazard of persecution. After 
having deliberately examined that subject, the impression 
on the mind of the Legislature was, that past experience 
had not indicated the necessity of the proposed change; 
and that the Executive recommendation ought not to be 
adopted. But immediately after the establishment of the 
State Government, the mode of conducting elections was 
changed. The manly, independent practice of pronouncing 
audibly and fearlessly, the names of the candidates voted 
for, was abandoned, and the secrecy of the ballot-box in- 
troduced in its stead. 

At the same time, the Governor invited the attention of 
the Assembly to the condition of the Indians, and requested 
that measures might be devised for their protection and 
safety. He observed, that irrespective of the principles of 
religion and justice, it was the interest, and should be the 
policy of the United States to be at peace with them ; but 



324 BURNET'S NOTES ON THE 

that could not continue to be the case, if the treaties exist- 
ing between them and the government were broken with 
impunity, by the inhabitants of the Territory. He referred 
to the well known fact, that while the white men loudly 
complained of every injury committed by the Indians, how- 
ever trifling, and demanded immediate reparation, they 
were daily perpetrating against them injuries and wrongs 
of the most provoking and atrocious nature ; for which the 
perpetrators had not been brought to justice. 

It was universally known, that many of those unfortu- 
nate people had been plundered and abused with im- 
punity. Among other things, the Governor stated, that it 
would be criminal in him to conceal the fact that the 
number of those unfortunate people, who had been mur- 
dered since the peace of Greenville, was sufficient to pro- 
duce serious alarm for the consequences. He added fur- 
ther, that a late attempt to bring to punishment a white 
man who had killed two adults of the Six Nations, and 
wounded two of their children, in Trumbull county, proved 
abortive. Though the perpetration of the homicide was 
clearly proved; and it appeared manifestly to have been 
committed with deliberate malice, the prisoner was acquit- 
ted. That occurrence, together with other facts of a similar 
character, known to some of the members, induced the 
Legislature to pass an act, "providing for the trial of hom- 
icide committed on Indians," which, as far as was practica- 
ble, gave the remedy requested. Among other provisions, 
it authorised the Governor to order special Courts of Oyer 
and Terminer, to be held by the Judges of the General 
Court, for the trial of such cases; and, if necessary, to 
grant a change of venue. That law, and the one passed 
at the preceding session, to protect those unhappy people 
against the destructive effects of intemperance, exhausted 
the means in the power of the Assembly to guard their 
rights, and secure to their persons the protection guaranteed 
by the treaty of 1794. 



NORTH-WESTERN TERRITORY. 325 

It has been stated, in the commencement of this chapter, 
that although the Legislature, by common consent, assem- 
bled at Chillicothe, yet it was under a conviction that the 
law of Congress, so far as it professed to remove the seat of 
government, was an infringement on their legislative fran- 
chise. Under that impression, the Council, at an early 
period of the session, passed a bill designating the places of 
holding the General Assembly; and sent it to the House of 
Representatives, for their concurrence. It directed the ses- 
sions of the Assembly, to be held in rotation, at Marietta, 
Cincinnati, and Chillicothe, in the order in which they were 
named. When it was taken up in the House, it was the 
unanimous opinion of that body, that they possessed the 
power necessary to pass it, and change the seat of govern- 
ment; but there was a diversity of opinion, as to the place 
to which the removal ought to be made. A majority of the 
members were opposed to the provision in the bill, passed 
by the Council, and, on motion, it was stricken out. That 
being done, a majority could not be obtained, in favor of a 
substitute, and the bill, of course, was lost. 

The petition of Lucy Petit, of Marietta, was presented in 
the House of Representatives, praying for the passing of an 
act, to divorce her from her husband, John G. Petit, then, 
and for several years before, a resident of France. The 
evidence presented a strong case for relief; and the Com- 
mittee, to whom the petition and papers were referred, 
reported a bill in conformity with the prayer of the peti- 
tioner, which passed both Houses and became a law. 

On the 2nd of December, the Governor informed the 
Assembly, by a written message, " that on Thursday, the 
9th of the month, an end must be put to the session of the 
Legislature ; as on that day his term of office would expire ; 
and it was not a case provided for by law, in which the 
place of the Governor, could be supplied by the Secretary." 

On that subject, there was a diversity of opinion. The 
general sentiment of the Assembly was, that, on a fair 



326 BURNET'S NOTES ON THE 

interpretation of the act of Congress, of August 1789, the 
Secretary of the Territory was fully authorised to discharge 
the duties of the Governor, after the expiration of his term 
of office. The provision is in these words: "In case of the 
death, removal, resignation, or necessary absence of the 
Governor, from the Territory, the Secretary thereof shall be, 
and he is hereby, authorised and required, to execute the 
powers, and perform all the duties of the Governor, during 
the vacancy, occasioned by the removal, resignation, or 
necessary absence of the Governor." The simple question 
was, whether, according to the spirit and true intent of the 
foregoing provision, a vacancy in the office of Governor, by 
reason of the expiration of the term of his appointment, was 
not such a removal from the office, as authorised the Secre- 
tary, to assume the executive functions. 

The Legislature believed it to be immaterial, whether 
the Governor was removed by an executive act, or by the 
expiration of his term of office. In either case, they con- 
sidered it a removal of such a character, as was contempla- 
ted by Congress, when they passed the act of August, 1789. 
It appeared to them, that the vacancy in the latter case, 
was one of the most obvious occurrences, for which the law 
was intended to provide. That the President might omit 
to nominate, or the Senate, in consequence of a diversity 
of opinion, or otherwise, might delay final action, on the 
nomination of a successor to a Governor in commission, till 
after the office should become vacant, must have been so 
distinctly, in the mind of the Committee, who prepared the 
bill, as to preclude the supposition, that that emergency was 
overlooked. But as they knew the Governor had the power 
to prorogue them, at his pleasure, be the facts as they might; 
they believed it would be useless, to make an effi)rt to 
change his opinion. The message was therefore received, 
without remonstrance or reply of any kind ; although there 
were then several matters of much interest, requiring legis- 
lative action ; which they knew, must be continued over, in 



NORTH-WESTERN TERRITORY. 327 

consequence of the ground assumed by his Excellency. 
Under that impression, when the 9th of December came, 
they assembled in the chamber of the House of Represen- 
tatives, and were prorogued without day. 

It was somewhat remarkable that the opinion of the Gov- 
ernor, and his purpose to adjourn the Legislature, were con- 
cealed in his own bosom, till it was too late to confer with 
the Secretary of the Territory ; who was then absent from 
the seat of Government. As it was known, that his opin- 
ion of his own powers, coincided with that of the Legisla- 
ture, it was not doubted, that, if such a conference could 
have been had, he would have taken the responsibility of 
giving notice, at once, that he would issue his proclamation, 
bearing date on the day, next after the expiration of the 
Governor's term of office, re-assembling the two Houses, 
forthwith, for the dispatch of business, before the members 
should separate, and return to their respective homes. By 
that measure the sitting of the Assembly would have been 
continued, till the public business, then pending was dis- 
posed of. 

It was the prevailing opinion, that the Governor ought to 
have given notice of his view, of the powers of the Secre- 
tary, and of his intention to prorogue the Legislature, in 
his address at the opening of the session. It was strongly 
insinuated, that he withheld the information, for the express 
purpose, of preventing the interference of the Secretary, 
till it would be too late to accomplish the object. Many of 
his best friends were apprehensive, that such a motive, 
might have had an improper influence on his mind. 

Soon after the Governor had prorogued the Legislature, 
he was re-appointed by President Adams ; and about the 
same time Solomon Sibley, one of the members of the lower 
House, from Detroit, was nominated and appointed, to fill 
the seat in the Council, vacated by the exclusion of Mr. 
Vanderburgh, in consequence of the division of the Ter- 
ritory. 



CHAPTER XVII. 

Meeting of the General Assembly. — Tlieir proceedings. — Mob in Chillicothe. 
Its object. — Omission of the police to interfere. — Seat of Government 
removed. 

On the 24th of November, 1801, the General Assembly 
met at Chillicothe, in conformity with the proclamation of 
the Governor, and entered on the business of their third 
session, or more correctly, the first session of the second 
legislative term. The Governor, as he was wont to do, 
met them in the hall of the House of Representatives, and 
addressed them at some length on the different subjects 
which he recommended to their consideration. 

In regard to the militia, and the law of the preceding 
session, which provided for their organization and disci- 
pline, he observed, that a considerable number of the 
people called Quakers, had lately become inhabitants of 
the Territory, and that more might be expected to follow 
tliem ; that the general character of the people of that pro- 
fession, for industry, sobriety, and good morals, was gen- 
erally known and acknowledged, and was such as ren- 
dered them a valuable acquisition to any country ; but that 
their religious principles forbade them to talce arms. 

He further remarked, that to impose fines on people, 
principled against arms, for not attending musters, estab- 
lished for the purpose of acquiring skill in the use of them, 
seemed to be a species of persecution ; yet he thought it 
reasonable, that if they were exempted from that duty, they 
should render something to the community as an equiva- 
lent; and expressed an opinion, that they would willingly 



NORTH-WESTERN TERRITORY. 329 

pay a f-mall sum of money, annually, for the exemption; 
and he recommended the subject very decidedly to the con- 
sideration of the Assembly. 

Notwithstanding much time had been consumed on that 
subject, at the preceding session, and although it was gen- 
erally believed, that the render of any thing, however 
trifling, as an equivalent, or substitute for the performance 
of militia duty, would be quite as repugnant to their feel- 
ings and principles, as the performance of the duty itself; 
yet an act supplementary to that of the preceding session 
was passed, providing that if any person should produce to 
the commanding officer of the company, within the limits 
of which he resided, a certificate under the hand and seal 
of a magistrate, residing within his countj% stating that 
such person had duly taken an oath or affirmation that he 
was conscientiously scrupulous of bearing arms, or per- 
forming military duty, and should pay to the said officer 
one dollar and twenty-five cents, he should be exempt from 
militia duty for one year, and for as long, thereafter, as he 
should continue, yearly, to render that equivalent. 

On the subject of exports from the Territory, the Gov- 
ernor remarked, that it was of the first importance, that 
articles sent to foreign markets, should be of the best 
quality; and that the quality should be ascertained to the 
purchaser, by some public stamp, in which he could place 
confidence. At that time there was a very small amount 
of produce exported from the Territory ; yet as population 
was rapidly increasing, and agricultural improvements 
were multiplying, and extending, the subject was held to 
be of high importance ; and a committee was appointed to 
prepare and report a bill, ''to provide for the inspection of 
certain articles." Such a bill was drafted with care, re- 
ported to the Legislature, passed by both Houses, and, on 
the 9th of January, 1802, approved by the Governor. 

There being no Courts of Chancery in the Territor}% in 
which the specific performance of contracts could be en- 



330 BURNET'S NOTES ON THE 

forced, to obviate that difficulty, a law was reported and 
passed, authorising the Orphan's Court, on petition, in cer- 
tain cases named, and in the manner specified, to make 
and record orders requiring contracts to be executed ; and 
designating, by whom, and in what manner it should be 
done. The same defect in the judicial system of the Ter- 
ritory rendered it difficult for mortgagees to avail them- 
selves of the full benefit of their securities. For the pur- 
pose of granting relief in such cases, an act was passed, 
"providing for the recovery of money secured by mort- 
gage." The process authorised, was the writ of scire facias, 
and the mode of proceeding was designated specifically, 
and so guarded as to form a safe, convenient remedy. 

In the partition of real estate, difficulties were found to 
exist, arising from the same cause — the want of Chancery 
power — to remedy which, as effectually as possible, a law 
was prepared and reported, by which joint tenants, tenants 
in commjon, or coparceners, of any estate in lands, tene- 
ments, or hereditaments, within the Territory, held or 
claimed by devise, descent, patent, deed, covenant, or 
other contract, might be compelled to make or suffer par- 
tition. The mode of proceeding was by petition; either in 
the General Court, or Court of Common Pleas. The pow- 
ers of the Court, the mode of proceeding, and the relief 
to be granted, were specifically provided, and set forth in 
the body of the act, and were so guarded as to secure, as 
far as practicable, the object in view, with as little ex- 
pense and delay as was consistent with the safe and correct 
administration of justice. After it had been carefully re- 
vised and amended, in the two Houses, it was passed, and 
approved by the Governor ; and was found in practice, to 
be very beneficial. With some modification of its details, it 
was continued in force many years, by the State Legislature. 

Another subject of some importance, which occupied the 
attention of the Assembly, during their sitting, was the dis- 
tribution of insolvent estates. An act was passed, on that 



NORTH-WESTERN TERRITORY. 331 

subject, recognizing the just and equitable principle, of divi- 
ding the assets of deceased persons, among all their credi- 
tors, in proportion to the amount of their several claims, 
regardless of their character, or dignity, giving a preference 
only to money due for taxes, or to the United States, or to 
the Territory, or county, or for the last sickness of the de- 
ceased. The mode provided for ascertaining, and settling 
the debts, v^as, by a board of Commissioners, appointed by 
the court. 

A lavv^ was also passed, making it the duty of sheriffs, on 
demand made for that purpose, by the plaintiff in any suit, 
in w^hich a bail bond had been, or should be taken, to assign 
the same to the plaintiff, under his hand and seal ; and 
authorising the assignee, to sustain an action thereon, in 
his own name, subject to such equitable rules, as the court 
might think necessary, to prevent injustice, or extortion. 
Separate acts were passed, during the session, to incorpo- 
rate the towns of Cincinnati, Chillicothe and Detroit ; and 
also to establish an University in the town of Athens; on 
the land granted by Congress, for that purpose, to Sargent, 
Cutler & Co. 

An act was also passed, declaring the assent of the Ter- 
ritory, to an alteration in the Ordinance, for the govern- 
ment thereof; the object of which was, to effect a change 
in the boundaries of the three States, first to be formed 
therein. After the passage of that act, a remonstrance, in 
the nature of a protest, was signed by seven members of 
the House of Representatives, and entered on the Journal. 
One of the chief objections to that measure was, that, if 
carried into effect, the change of boundary proposed, would 
retard the establishment of a State government, in the eas- 
tern division. That objection was urged with much energy, 
by the opposers of the measure ; and had great weight, with 
the new administration of the general government, then 
just coming into power, under the auspices of Mr. Jefferson ; 
who relied confidently, on increasing the numerical strength 



332 BURNET'S NOTES ON THE 

of his party by the formation and admission of the proposed 
State, into the Union. The consequence was, that when 
the law was laid before Congress, at their next session, for 
their approval, they refused to sanction it ; and as a matter 
of course the object of it was lost. 

The friends of the change admitted that it might keep 
back the formation of a State government, in the eastern 
division, a short period, probably a year — certainly not 
more ; but, that any inconvenience, which might result from 
the delay, would be more than compensated for, by its ben- 
eficial tendencies. It was, however, impossible to change 
the opinion of those who had set their hearts on the imme- 
diate establishment of a State government. 

During the same session, two petitions v^^ere presented, 
praying that an act might be passed, declaratory of the true 
intent and meaning of that part of the Ordinance, which re- 
lates to slavery, and involuntary servitude, so as to au- 
thorise and require the courts of judicature, to compel a 
specific performance of covenants, or indentures, entered 
into for a valuable consideration. As it was apparent that 
the object of the petitions, was to introduce a species of 
limited slavery, by the instrumentality of contracts, or in- 
dentures, contrary to the spirit and design of the Ordinance, 
they were laid on the table, with an understanding that 
they should not again be taken up. 

The determination to exclude, for ever, from the limits of 
the Territory, the degrading relation of master and slave, 
seemed to be universal among the inhabitants, and was 
responded to by every member of the Assembly. The feel- 
ing which was manifested on that occasion, and on another, 
similar in character, at a preceding session of the Assem- 
bly, when the officers of the " Virginia line on Continental 
establishment," asked permission to remove to the Terri- 
tory, and settle, with their slaves, on their bounty lands; 
afforded the most satisfactory evidence, in the infancy of 
the western settlements, of a resolution to maintain the 



NORTH-WESTERN TERRITORY. 333 

Ordinance; by resisting every attempt that might be made, 
in any form, to introduce involuntary servitude into the 
Territory, or the States to be formed within it. As a num- 
ber of the members of the State Convention which formed 
the Constitution, had been members of the Territorial 
Legislature, when those petitions were presented and 
rejected, it was evident that what had transpired on those 
occasions, had great influence in leading the Convention to 
adopt the provision found in the second section of the 8th 
article of the Constitution, relating to indentures made by 
persons of color. 

Towards the close of the session, a message was receiv- 
ed from the Governor, calling the attention of the Legis- 
lature to certain riotous proceedings, on two successive 
nights, by an assemblage of citizens of Chillicothe, by 
whom the peace of the town had been disturbed, and the 
personal safety of some of the members of the Legislature 
endangered. It was represented, that a portion of the re- 
spectable citizens, had given countenance to the mob ; and 
that no efforts were made by the police, or the citizens, to 
suppress it, or punish those who were engaged in it. The 
object of the movement was evidently to insult the Gov- 
ernor, and do personal violence to some of the members of 
the Legislature. Mr. ScheifHein, a member from Wtiyne 
county, was one of the persons whom it was intended to 
insult. He had spoken very freely on the subject of the re- 
moval of the seat of government from Cincinnati, and of the 
supposed agency of the people of Chillicothe, in bringing it 
about, and had, thereby, incurred their ill will. Other 
members had also given offence, by similar observations ; 
and it was the manifest design of the instigators of the 
movement, to punish them for so doing. 

Mr. ScheifHein, on that occasion, behaved with great 
firmness. After the rioters had forced the outer door of 
the house in which he and the Governor boarded, he met 
them in the passage with a brace of loaded pistols, and 



334 BURNET'S NOTES. 

drove them back into the street. Those proceedings were 
continued two succeeding nights, but terminated without 
serious injury, to any individual, on either side. When the 
disturbance was over, it was a mortifying reflection that 
the Legislature had no power to interfere, in any manner, 
with the rioters, or with the officers, who omitted to dis- 
charge their duty. With a view, however, of guarding 
against a similar outrage, and of expressing their feelings 
on the occasion, they passed a law removing the seat of 
government from Chillicothe, and establishing it at Cincin- 
nati. The Legislature having passed thirty laws, adjourn- 
ed on the 23d of January, 1802, to meet at Cincinnati, on 
the fourth Monday of November followdng. 



CHAPTER XVIII. 

Population of the Eastern Division in 1802. — Steps to obtain a State Gov- 
ernment. — Application to Congress for permission to call a Convention 

Permission given on conditions. — Their oppressive character. — Opposition 
to the measure. — On what grounds. — Right to tax public lands relinquished. 
— Loss sustained by it. — State of parties. — Note. — Excitement at Detroit. 
— Opposition to the law for erecting a new State. — Correspondence on the 
subject. — Note. — The friends of a State Government become the major- 
ity. — The harmony formerly existing broken up. — Causes of the change. — 
Origin of party spirit. — Ambitious aspirants. — Their misrepresentations. 

Soon after the adjournment of the General Assembly, in 
January, 1802, a census was taken in the eastern division 
of the Territory, which was found to contain forty-five thou- 
sand and twenty-eight persons of both sexes ; after which, an 
apphcation was made to Congress, for a law, authorising 
the inhabitants of that division to call a convention, and 
form a Constitution, preparatory to the establishment of a 
State government. Although, by the Ordinance, sixty "N 
thousand inhabitants were required, to entitle the district 
to become a State, as a matter of right; yet the law was 
passed, a convention elected, a constitution formed, and 
the district declared to be an independent State, and ad- 
mitted into the Union; professedly, on an equal footing 
with the original States. 

That, however, was not the case ; as the original States 
were subject to no restriction, or limitation of power, other 
than that contained in the federal constitution; but the 
new State of Ohio was admitted with restrictions, and on 
conditions as degrading to the character, as they were in- 
jurious to the future prosperity of the inhabitants. One of 



336 BURNET'S NOTES ON THE 

them was, that Congress should have the right of disposing 
of the jurisdiction of the Territory, lying north of the line 
drawn east and west, through the southern extreme of 
Lake Michigan, by establishing a Territorial government 
therein, whenever they might see proper; although the 
Ordinance declared, in express terms, that that Territory 
should remain a part of the State, formed on the south of 
it, till its inhabitants amounted to sixty thousand, which 
was not the case until the year 1835, when she formed a 
State Constitution, and was admitted into the Union. 

As a matter of course, that entire district would have 
remained a part of the State of Ohio, subject to her laws, 
and liable to defray a just proportion of the expenses of 
the government, during the period intervening between the 
years 1802 and 1835; but in consequence of the foregoing 
concession, it was immediately detached from Ohio, and 
united to Indiana; but was soon after formed into a sepa- 
rate Territory, and continued so till it became a State; 
thus depriving the good people of Ohio, of all the ben- 
efits they would have derived from the population and 
wealth of that rich and extensive district, during the period 
V of thirty-three years. 

There is a fact, connected with this part of the subject, 
which may cast on it some light, and possibly disclose the 
motive which induced Congress to propose, and the Con- 
vention to accept, this restriction on the constitutional 
rights of Ohio. It was universally known, that the people 
of Detroit and the district connected with it, were unitedly, 
and warmly opposed to the change of government then 
contemplated. They were anxious to continue as a Terri- 
tory ; and whenever a State government should be formed 
on their south, to remain united with it, till their own pop- 
ulation should amount to sixty thousand. There were, 
therefore, strong reasons to apprehend, that if they should 
become a part of the new State, the terms proposed by 
Congress, as the consideration of the privilege asked for, 



NORTH-WESTERN TERRITORY. 337 

might be rejected by the Convention, and the object of the 
movement thereby defeated. 

The inhabitants of that part of the Territory, with scarcely 
one exception, were also decidedly opposed in politics to the 
party which had just possessed themselves of the admin- 
istration of the general government. They were also nu- 
merous ; their settlements, extending from the River Raisin 
to Detroit, and thence to Lake St. Clair, were densely pop- 
ulated, compared with the settlements in the centre, and 
on the south of the Territory. It was, therefore, almost 
certain, that, if they were united with the opposers of the 
proposed Constitution, in the Southern part of the district, 
they would reject the law of Congress, and prevent the 
formation of a State government. But if this should not 
be the case, still they would become citizens of the new 
State, which, with the aid of their numbers and influence, 
would most probably be placed in the ranks of opposition 
to the administration of the general government, by the 
men then in power. It is known to the writer, that these 
facts existed, whatever might have been their influence 
on the political leaders of the day.* 



* As soon as it was ascertained that the law authorising the establishment 
of a State government, in the eastern district, excluded the people of Detroit 
and its vicinity, they remonstrated against it, with much warmth, and claimed 
the right of becoming a part of the State, and of remaining so, until their 
numbers should entitle them to a State government of their own. They com- 
plained of the exclusion, as unconstitutional, and oppressive ; and declared 
their determination not to submit to it. Mr. Burnet, who was personally in- 
timate with most of the leading men in those settlements, was written to, on 
the subject, in language of bitter complaint, by some of them, who requested 
his advice, as to the course they ought to pursue, to secure the right they 
claimed, under the Ordinance. [See Appendix H.] Their letters were 
promptly answered, with the temper and feeling which the political state of 
the country was calculated to excite. He coincided with them in opinion, on 
the question of their right. He did not believe that Congress could separate 
them, constitutionally, from the new State, then to be formed, without their 
consent. 

It was not long, however, before the friends of the new State obtained their 
22 



338 BURNET'S NOTES ON THE 

/ Another condition was, that "the State should provide 

by an ordinance, irrevocable, without the consent of the 
United States, that every and each tract of land sold by 
Congress, from and after the 30th day of June next, should 
be and remain exempt from any tax, laid by order, or 
under the authority of the State, whether for State, county, 
township, or any other purpose whatever, for the term of 
five years, from, and after the day of sale." 

It was the opinion of the persons opposed to the forma- 
tion of a State government, at that period, that this condi- 
tion was intended to imply an admission, that anterior to 
the sale, or while the land remained the property of gov- 
ernment, it could not be subject to taxation by State laws. 
That construction, erroneous as it was, prevailed, and by a 
tacit acquiescence, the tax laws of Ohio were never extend- 
ed to the public domain ; and while every freeholder was 
severely taxed, to improve the State, and enhance the 
value of all the lands within it; the general government, 
the great land monopolizer, contributed nothing to the 
accomplishment of that object. In a subsequent chapter, 
,' an attempt will be made to show, that this construction of 

/-.=_ _ 

confidence, and convinced them, that the separation they were opposing, 
would benefit them very greatly; as it would make it necessary for Congress 
to establish, immediately, a separate Territorial government at Detroit; fol- 
lowed by the creation of many valuable offices; all of which they would fill, 
as a matter of course, if they came out promptly and decidedly in favor of the 
measure, on the plan proposed by Congress. Those appeals had their desired 
effect, and convinced them, that the separation they had so violently resisted, 
was, in all respects, a measure greatly to be desired. Having taken this new 
view of the subject, for the purpose of making their peace at the seat of gov- 
ernment, and casting their sins on the shoulders of others, they put the letters 
of Mr. B. into the hands of Mr. Jefferson. He showed them to Senator 
Smith, of Ohio, who then stood high in his confidence, and intimated a pur- 
pose of having them noticed, as being of a seditious character. Mr. Smith, 
who was a personal friend of the writer, and intimately acquainted with the 
history of the transaction, besought him to let them pass, unnoticed; which he 
reluctantly consented to do, paying a compliment to the pen of the writer, at 
the expense of his patriotism. 



NORTH-WESTERN TERRITORY. 339 

State rights, in regard to the taxing power, was wholly \^ 
incorrect. .^K 

Taking it now for granted, that, if no compact had been 
entered into with the United States, they would have held 
their property in Ohio, precisely as they did in the original 
States, subject to State laws for the collection of taxes; 
and connecting that assumption with the fact, that more 
than four-fifths of the area of the State, was the property 
of Congress, a calculation may be made sufficiently accu- 
rate to show that the people of Ohio sufiered an immense 
loss, by giving up that portion of their sovereignty, which 
authorised the State to extend her tax laws to every spe- 
cies of property, within her limits, without enquiring to // 
whom it belonged, or by whom it was claimed. ^^ 

The prevailing opinion of the most intelligent part of the 
community was, that the evils of a Territorial form of 
government, were more imaginary than real — that, on a 
fair estimate, the advantages exceeded the disadvantages ; 
and that it was better for the people to endure the incon- 
veniences complained of, whether real or imaginary, a little 
longer, and remain as they were, till their numbers would 
give them, as a right, what they were praying for as a 
favor. One or two years, at most, would have placed 
them on that commanding ground, and brought them into 
the Union, in reality as well as in name, on an equal foot- 
ing with the original States. 

It may be fairly questioned whether the State has been 
benefited a single cent, by the consideration received for 
the concessions made in the compact. All parties admit 
that the three per cent, fund, for the opening of roads, has 
produced no permanent benefit. The saline lands have 
not yielded more than a fair remuneration, for the expense 
and trouble they have occasioned. The school lands, 
which are admitted to be of great value, had been pre- 
viously granted, and would have been claimed, as a matter 
of right, under pre-existing ordinances of Congress, which 



340 BURNET'S NOTES ON THE 

declared, that in disposing of the public lands, one section 
in each township in the Territory, should be given for the 
use of schools. 

As early as May, 1785, an ordinance was passed, provi- 
ding "that there shall be reserved the lot number sixteen, 
in every township, for the maintenance of public schools, 
within the said township." The ordinance of July 1787, on 
the same subject declares, "that the lot number sixteen, in 
each township, or fractional part of a township, shall be 
given perpetually, for the purpose contained therein," 
(which was for the use of schools.) There was also an 
ordinance promising a grant of two entire townships for 
the endowment of a University, to any persons who might 
become purchasers of two millions of acres. Those ordi- 
nances extended to all the lands belonging to Congress. 
They were not repealed, and could not be, without a vio- 
lation of public faith, as they were in the nature of a 
contract. 

These ordinances were passed before the settlement of 
the Territory began, and were held out as inducements to 
emigrants, to encounter the perils and hardships of reclaim- 
ing and settling a wilderness. It was at that time univer- 
sally known, that these donations had been confirmed, to 
the Ohio Company, and to the Miami purchasers; and that 
the Territorial Legislature, before the subject of a State gov- 
ernment was agitated, had claimed them, and instructed 
their Delegate, " that inasmuch as Congress had promised, 
that section sixteen, in each township, should be granted 
for the use of schools, and section number twenty-nine, 
for the support of religion, throughout the Territory, he 
should use his endeavors, to procure a law to be passed, 
vesting in them the title to those sections, for the uses for 
which they were originally promised." 

The sacrifices made by the pioneers which gave to the 
public domain its entire value, and without which it would 
have been useless to the government as well as to indi- 



NORTH-WESTERN TERRITORY. 341 

viduals, were an ample consideration for the grant. After 
that price had been paid, involving the loss of many lives, 
and great personal sufferings, which can be realized only 
by those who endured them, it cannot be admitted that 
Congress would have violated their solemn engagements. 
From this view of the subject it is evident, that in regard 
to the school lands, the compact made with the Convention, 
confirmed to the State merely what had been previously 
guarantied. It should be noted here, that by accepting the 
compact, the Convention tacitly relinquished their right to 
section twenty-nine, throughout the Territory, which had 
been solemnly set apart, by ordinance, under the old Con- 
federation, for the support of religion, and were then held 
and enjoyed for that purpose, by the people in the Miami 
purchase, and in the grant to Sargent, Cutler & Company. 
In every point of view, therefore, in which the compact 
can be regarded, the grants from the general government 
to the State, were merely nominal, while the concessions 
extorted from the Convention were of incalculable value.* 



* During this political struggle, the persons who were most active in oppo- 
sition to the change of government, and who were at first a large majority of 
the inhabitants, soon became a minority. Impressions were made on the popu- 
lar mind, that a plan had been formed to perpetuate the colonial system, with 
a view of continuing the influence of a few individuals, in the councils of the 
general government, and in the management of the affairs of the Territory. 
Those allegations had no foundation in truth; yet as they acted on the suspi- 
cion and the prejudice of the uninformed, who are the most numerous portion 
of every community, they produced their intended effect. 

The human family, with but few exceptions, are more disposed to give cre- 
dence to slander and accusation, without evidence, than to believe a good re- 
port, however well it may be corroborated. With such feelings and propen- 
sities to operate on, it was not difficult for the reformers to monopolize public 
confidence; but in the accomplishment of that object, it is not intended to say, 
that they deviated farther from truth, than is usual with political leaders, at 
the present day; nor is such an averment required, for the purposes here in- 
tended. The spirit displayed in the political strife of the present day, may be 
cited, to illustrate that which existed in 1802. The principal difference is, that 
then, the population of the country was estimated by hundreds; now, by hun- 
dreds of thousands. 



342 BURNET'S NOTES ON THE 

At the time it was first proposed, to go into a State 
government, it was believed to be premature, by most of the 
intelligent citizens of the Territory ; and when the act of 
Congress was passed, containing the conditions, to be sub- 
mitted to the Convention, they were opposed, among other 
reasons, because they seemed to cover much more, than 
appeared on the surface. Those who were in favor of ac- 
cepting them, professed to be influenced, by the disabilities 

When the proposition was made, in 1800, for a change of government, 
party spirit was scarcely known in tlie Territory. The election of the elder 
Adams, had just met with general approbation; and resolutions had been pass- 
ed, at popular meetings, to sustain his administration, against the encroach- 
ments of the French government, which then threatened the peace of the 
nation. The troop of cavalry, in Cincinnati, commanded by Captain Findlay, 
in which the writer of this note had the honor of being a private, presented a 
flattering address to the President, tendering their services to the government, 
whenever it should see proper to call them out. Similar oiFers were made 
from different parts of the Western country; and in fact, there seemed to be 
but one sentiment pervading the minds of the people. Only four individuals, 
in Cincinnati and its vicinity, are now remembered, who then advocated the 
election of Mr. Jefferson, against Mr. Adams — these were Major David Zeig- 
ler, William Henry Harrison, William McMillan, and John Smith. 

The exciting contest, which agitated the States, during that election, was 
not felt in the Territory. The mass of the people who inhabited the West, 
were calm and unmoved; and four-fifths of them, were entirely reconciled to 
the election of Mr. Adams. One of the most influential men in the country, 
who stood at the head of the Miami settlement, declared, in a promiscuous 
company in the Court room, that " when he was convinced, that skill in paint- 
ing the beauties of a flower, or in dissecting the wing of a butterfly, qualified 
a man for the duties of the Presidential chair, he would vote for Mr. Jefferson;" 
yet when that gentleman was elected, four years after, he became one of his 
devoted supporters. 

Unfortunately, the political calm which pervaded the Territory, prior to the 
second session of the General Assembly, was of short duration. Very soon 
after the plan was formed to establish a State government, the efforts and in- 
fluence of the party advocating that measure, succeeded in producing a high 
degree of excitement. The attention of the people was directed to the rights 
and privileges enjoyed by the citizens of the States; which were put in con- 
trast with the restrictions and disabilities imposed on the inhabitants of the 
Territory. The discrepancy was palpable; but no serious injury had resulted 
from it. Nevertheless, the people became convinced that their rights were 
unnecessarily withheld, for the benefit of a few favorites of the General Gov- 
ernment, although there was not the least foundation in truth for the assertion. 



NORTH-WESTERN TERRITORY. 343 

contained in the Ordinance, for the Government of the Ter- 
ritory ; and by the assumption of the fact, that the State, 
when formed, would be too feeble to resist the will of Con- 
gress, or to prevent that body from carrying into effect 
their own construction of the act of cession, and of the Or- 
dinance of 1787. Those who thought with the minority, 
admitted that the inhabitants were bound by the general 
provisions of the Ordinance, as long as the Territorial gov- 
ernment continued; and it v^^as conceded, that, during that 
period, they could not tax, or in any other way interfere, 
with the public lands. 

It vras contended, that Congress, under the old confedera- 
tion, did not possess the pov^er of extending her legislation, 
to any of the States of the Union ; that they were not ves- 
ted with any such authority, and could not deprive the peo- 
ple of rights, which belonged to them, as organized commu- 
nities. It was admitted, very generally, that they owned ( 
the soil, and might protect their right, to the primary dispo- 
sal of it; but that they could not, by any act of their own, 
exempt it from the common liabilities of the lands of indi- 
viduals. It w^as contended, that the Legislature of a sove- ' 
reign State, necessarily possessed the power of taxing all 
\ property within its boundaries, without enquiring to whom 
I it belonged ; that if the State of Virginia, in her act of ces- 
sion, had reserved for her own use, the fee of any particu- 
lar tract of the land ceded, having granted the entire juris- 
diction, she must have held it subject to the taxing power 
of the State, in which it might lie : and, of course that her 
grantee could not claim an exemption, from the same lia- 
bility. It was also contended that, whatever might be the 
authority of the Ordinance, while the Territory remained a 
colony, it could not destroy the express provision, in the 
act of cession, that the States to be formed in the ceded 
Territory " should have the same rights of sovereignty, free- ! 
dom, and independence, as the other States." 



344 BURNET'S NOTES ON THE 

It was believed, that the inhabitants of the district, which 
was one of the divisions of the ceded Territory, had rights in 
the trust, created by the act of cession — that the enlarged i 
power of the general government, under the federal Consti- \ 
tution, could not affect the State of Ohio, more than it did \ 
the old States ; and, consequently, that she possessed every I 
attribute of sovereignty retained by them, and to the same 
extent. It was contended that Congress had no check on 
the legislation of any State, further than had been expressly 
given, by the Constitution — that her own power of taxa- 
tion was delegated and limited — that she could not check, 
or restrict the taxing power of the States ; further than was 
expressly authorised by the federal Constitution, which 
gave her no such power in regard to lands, whether they 
were claimed by herself, or by others. 

The only clause in the Constitution, which has a bearing •, 
on this subject, is that which provides, "that Congress shall 
have power to dispose of, and make all needful rules and 
regulations respecting the Territory, or other property be- 
longing to the United States." Some portion of the minor- 
ity contended, that this grant of power, as to Ohio, termin- 
ated at the formation of her State government — that so 
much of the ceded lands in the eastern district, as had not 
been disposed of, before the admission of Ohio into the 
Union, vested in her the moment that admission took place. 
They held, that the rights of the State, created by the author- 
ity of the deed of cession, could not be affected by the Con- 
stitution, subsequently adopted; and, consequently, that her 
claim to the fee of all the unsold lands, was not impaired 
by it. From that opinion, the minority generally dissented. 
They believed, that all the States formed or to be formed, 
were equally affected by the powers, given to the general 
government; one of which was, that they might dispose of, 
and, consequently, might own, the Territory, or other prop- 
erty, belonging to them. It was issisted, however, that 



NORTH-WESTERN TERRITORY. 345 

they owned and held it, as individuals do, subject to the 
constitutional legislation of the State. 

No reason can be assigned, why the federal Convention 
inserted the above clause, in the Constitution they reported, ; 
unless on the supposition, that without it, the fee in the soil i 
of the Territory, would vest in the new States, as soon as | 
they should be formed. If they had believed that Congress, 
under the old confederation, could hold real estate, within the 
limits of a sovereign State ; and that the cession by Virginia, 
vested them with a title that would survive the formation 
of State governments, in the Territory, the clause was alto- 
gether useless. It would have been asking the States, to 
cede to them, what they before possessed. 

But it is very evident, that in the opinion of the Federal 
Convention, the title to the land in the Territory, unsold at 
the time of the formation of the State governments, would 
vest in the States, within whose limits it might be, unless 
the right of Congress was secured, and perpetuated, by 
a provision to that effect, in the Constitution they were 
then forming. At that time, it was, and is still the opinion 
of the writer, and of those who acted with him, that the 
Constitution secured the title to Congress; but it was not 
admitted, that the naked right which it gave to own, regu- > 
late, and dispose of property, carried with it an exemption 
from the operation of the general laws of the State in which .' 
it might lie. Every citizen who is vested with a fee simple \ 
in land, has the same right to own, regulate, and dispose 
of it; but who ever dreamt that on that account he held it i 
exempt from the operation of the revenue laws of the * 
State? 

Almost every mode of raising revenue, by indirect taxa- 
tion, had been given up by the States, to the general gov- 
ernment; in consequence of which they were left dependent, 
in a great measure, on a land tax for their support. The 
framers of the Constitution knew, that this would be the 
result; and that a direct tax on land, would, from necessity, 



346 BURNET'S NOTES ON THE 

be levied, in most of the States of the Union, if not in all; 
and most certainly, in the new ones. The inference from 
these considerations seems to be, that, if the government 
expected, not only to retain the fee of the land, but to hold 
it exempt from the revenue laws of the States, they would 
have so provided in the new Constitution. The insertion 
of the one, and the omission of the other, shows their 
intention, and proves very clearly, that their object was to 
protect their title only, and that being guarantied, they 
were willing to submit to the same legislation, to which 
all other proprietors were liable ; believing, no doubt, that 
it would be in their power to dispose of the greatest and 
most valuable portion of the lands, before the time arrived 
for the establishment of the States, provided for in the act 
of cession, and in the Ordinance. 

If the federal Convention believed, that the power con 
tained in the deed of cession authorising Congress to man- 
age and sell the right of soil in the ceded Territory, would 
have passed, from the old confederation to the new federal 
government, and would have continued in it, after the 
establishment of new States, the clause introduced by 
them into the Constitution, granting that right, was super- 
fluous : but if the concession was necessary, and was in- 
tended, not only to secure the title to the land, but to ex- 
empt it from the operation of the revenue laws of the 
States, it would have been expressly so stated. 

As a further argument, that the national Convention did 
not believe, that the United States could acquire, or hold 
real estate within the limits of any of the States, much less 
hold it exempt from the action of State laws, without an 
express grant for that purpose ; reference was had to the 
provision in the 8th section of the first article of the Con- 
stitution; and especially to that clause, which authorised 
Congress to obtain, by cession, from particular States, a 
district not exceeding ten miles square, and to exercise ex- 
clusive jurisdiction over it; and also to exercise like author- 



NORTH-WESTERN TERRITORY. 347 

ity over all places purchased for the erection of forts, etc., 
by the consent of the Legislature of the State in which the 
same should be. 

This and the preceding extract, it was believed, mani- 
fested, very conclusively, the view of the Convention of 
1787, on this subject; and the inference drawn from them 
was, that the general government could neither acquire, or 
hold, title to real estate, within the limits of any State, 
without an express grant of power for that purpose. The 
phraseology of the last extract is very peculiar. The jRrst 
branch of it limits the right of receiving concessions to a 
quantity not exceeding ten miles square, and the second is 
confined to places purchased for specified objects, with the 
consent of the Legislature of the State in which they lie. 
It may here be asked, why were these specified, restricted 
rights conceded to Congress, if they would have possessed 
them without such a concession ? If they could not hold 
property in any State, on any terms, without the consent 
of that State, how could they, not only hold it, but hold it, 
exempt from her general laws, without a similar consent? 

The foregoing remarks present a concise view of the 
grounds on which the minority, in 1802, maintained their 
opinion, in favor of the taxing power of the new State. A 
few condensed observations on the then existing state of 
parties in the Territory, will not here be out of place, or 
uninteresting. -^ 

From what has been already said, it will be taken fo r 
granted, that the people were divided in sentiment — a 
majority, however, had declared in favor of the proposed 
change of government. The feelings and passions on 
both sides were highly excited; much personal rancor was 
indulged — the arguments advanced by the minority were 
ridiculed; they were declared to be deceptive, and those 
who advanced them were branded as aristocrats, and ene- 
mies to the people. The purity of their motives was ques- 
tioned, and their patriotism and fidelity to the interests of 



348 BURNET'S NOTES ON THE 

the Territory, were impeached. On the other hand, the 
minority alledged, that their opponents were actuated by 
personal considerations — that popularity and office were 
the objects of their pursuit, and that they were bent on 
gratifying their ambition, and accomplishing their pm-poses, 
at the sacrifice of the best interests of the community. 

It is a natural conclusion that such a state of feeling 
was calculated to produce any thing rather than confidence 
and harmony. The fact was, that between those who had 
been warm personal friends, enmity was produced, which 
continued for years; and, in some cases, till it was ter- 
minated by the death of the parties. Passing over the 
numerous and bitter criminations and recriminations, pro- 
duced by the excited contest, the grounds on which these 
parties severally placed themselves, may be stated in a 
few words. 

On the one side it was alledged, that the existing gov- 
ernment was anti-republican — that the inhabitants did 
not enjoy the political rights which belonged to freemen — • 
that neither the Governor, the Judges of the General Court, 
nor the Legislative Council, were, in any form, amenable to 
the people — that the power of appointing to office, held 
by Congress, was dangerous — that it had been abused — 
that the Governor controlled the will of the Representa- 
tives of the people, and that there was no remedy for these 
evils, but a radical change of government. 

On the other hand it was contended, that notwithstand- 
ing those allegations were technically true, yet they pro- 
duced but little, if any, injury in practice — that they were 
the unavoidable result of the plan adopted for the settle- 
ment of the Territory, which was originally admitted to be 
wise, judicious, and safe — 'that the objections to the form 
of government were theoretical defects, rather than practi- 
cal evils — that the exercise of the appointing power, as 
far as it was held by Congress, was fully compensated for, 
by the payment of the salaries of all the officers whom 



NORTH-WESTERN TERRITORY. 349 

they appointed — that the inhabitants of the district were 
too few and too poor to bear the expense of a State gov- 
ernment — that their numbers were rapidly increasing — 
that in two years, at most, the district would have a popu- 
lation, which would entitle it, as a matter of right, to 
become a State, v^ithout conditions or restrictions, and that 
it was better to endure the inconveniences complained of, 
till the time should arrive, when the proposed change 
would be a matter of right, and the people better prepared 
to meet the expenses of the change. 

These were the leading views of the contending parties 
of that day, and when the movements to which they led 
are calmly reviewed, by one who participated largely in 
them, it will not be difficult to account for all that trans- 
pired. Such a retrospect will show that there was an un- 
reasonable warmth, and jealousy of motive, on both sides. 
The fact, however, can not be yielded, that the interests of 
all concerned, would have been greatly advanced, if the 
formation of a State government had been deferred. The 
pecuniary and other benefits of the Territorial government, 
during the short time of its proposed continuance, would 
have far overbalanced the inconveniences complained of; 
and the sacrifices submitted to, by assenting to the com- 
pact, would have been avoided. The contest, however, is 
over, and, of those who were engaged in it, there is but 
here and there a survivor to tell the tale ! The actors in 
those agitating scenes, are almost all in their graves ; and 
whatever of abuse, or reproach, may have been cast by 
either party, on the other, is now covered by the mantle 
of oblivion. 



CHAPTER XIX. 

Details of the State Convention. — Its members. — The formation of the Con- 
stitution. — The question of Slavery. — The Northern boundary. — Refusal 
to submit the Constitution to the people. — Reflections. 

In a former chapter, a few general remarks were made, 
relating to the Convention which formed the Constitution 
of Ohio, and the privileges guarantied to the new States, by 
the act of cession. It is proposed now, to refer to these 
subjects more in detail. 

It is a fact, worthy of some notice, that those who advo- 
cated the immediate formation of a State government, were 
unwilling to refer the decision of that question to the Legis- 
lature of the Territory, or to take the opinion of the inhab- 
itants, whether a Convention should be called, or not. As 
the safer way to accomplish their purpose, they petitioned 
Congress to take the power into their own hands, and 
order a Convention, without consulting either the Legisla- 
ture, or the people of the district. 

The application of those individuals, unauthorised as it 
was, by any legitimate authority recognised in the district, 
was sustained, and Congress proceeded, forthwith, to pass 
a law, not only authorising, but, in pretty plain terms, 
urging the people of the eastern division of the Territory 
to form a Constitution and State government. That law 
prescribed the boundaries of the State, fixed the number 
of members of which the Convention should consist, and 
apportioned the number to be chosen by each county. It 
also changed the qualifications of electors, prescribed by 



NORTH-WESTERN TERRITORY. 351 

the Ordinance, and appointed the time and place of holding 
the election. 

Its provisions, except so far as they related to the mere 
right of holding a Convention, and forming a Constitution, 
were considered as assumptions of power, not warranted 
by the Constitution, or the Ordinance ; and an infringement 
of the rights of the local Legislature. It was, however, 
silently submitted to; and the members of the Convention, 
thirty-five in number, were chosen in the manner pre- 
scribed by that act. The result of the choice was highly 
creditable to the intelligence of the inhabitants, as, with 
but few exceptions, the most intelligent men in the coun- 
ties were selected. Among the ten delegates from Hamilton 
county, was Jeremiah Morrow, who has since filled an 
ample space in the estimation and confidence of the nation; 
Francis Dunlavy, a veteran pioneer of talents, of liberal 
education, and of unbending integrity, was chosen. John 
Smith and John Riley, both men of strong minds and irre- 
proachable characters, were also of the number. 

Among the delegates from Jefferson county was Bezaleel 
WeHs; from Adams, General Darlington; from Ross, Gen- 
eral Massie, Governor Worthington and Governor Tiffin; 
from Trumbull, Governor Huntington; from Washington, 
Ephraim Cutler, Benjamin Ives Oilman, and the venerable 
General Rufus Putnam ; all of them men of vigorous minds, 
and high standing in the confidence of their fellow citizens. 

On the first Monday of November, 1802, the Convention 
assembled at Chillicothe, consisting of the following mem- 
bers : 

From the county of Adams — Joseph Darlington, Thomas 
Kirker and Israel Donaldson. 

From the county of Hamilton — Francis Dunlavy, John 
Paul, Jeremiah Morrow, John Wilson, Charles Wylling 
Byrd, John Smith, John Riley, William Goforth, John W. 
Browne, and John Kitchel. 

From the county of Ross — Edward Tiffin, Nathaniel Mas- 



352 BURNET'S NOTES ON THE 

sie, Thomas Worthington, Michael Baldwin, and James 
Grubb. 

From the county of Jefferson — Rudolph Bair, John Mil- 
ligan, George Humphrey, Bezaleel Wells, and Nathan Up- 
degraff. 

From the county of Trumbull — Samuel Huntingdon and 
David Abbot. 

From the county of Belmont — James Caldwell and Elijah 
Woods. 

From the county of Fairfield — Emanuel Carpenter and 
Henry Abrahams. 

From the county of Washington — Ephraim Cutler, Rufus 
Putnam, John Mclntyre, and Benjamin Ives Gilman. 

From the county of Clermont — Philip Gatch and James 
Sargent. 

On the succeeding day, they assembled, and elected Ed- 
ward Tiffin President, and Thomas Scott, Secretary. Be- 
fore they proceeded to business, Governor St. Clair proposed 
to address them, in his official character, as the chief execu- 
tive magistrate of the Territory. This proposition was re- 
sisted by several of the members. After it had been dis- 
cussed some time, a motion was made, and adopted by a 
majority of live, couched in these words : " That Arthur 
St. Clair, senior. Esquire, be permitted to address the Con- 
vention on those points which he deems of importance." 
The phraseology of the resolution, compared with the pro- 
posal of the Governor, presents a question, whether it was 
not intended to mortify his feelings, if not to offer a per- 
sonal insult. On that subject it is unnecessary to express 
an opinion. 

After the Governor had made his address, which was 
sensible and conciliatory, a resolution was offered for the 
consideration of the Convention, declaring that, "it is now 
expedient to form a Constitution and State government." 
Although more than a fourth of the members, composing 
the body, had expressed their opinion, in very decided 



NORTH-WESTERN TERRITORY. 353 

terms, against the expediency of the measure, and against 
the manner of its accomplishment; yet the resolution was 
carried, by a vote of thirty-two to one ; two members being 
absent, and Judge Cutler, an indomitable Whig, of Wash- 
ington county, voting in the negative, " solitary and alone." 

Early in the session, the different articles, or subjects 
which it was proposed to introduce into the Constitution, 
were referred to separate committees. A resolution was 
also offered, declaring in substance, that when the Consti- 
tution was finished, it should be submitted to the people 
for their adoption or rejection, before it should go into op- 
eration. That proposition would have been strictly repub- 
lican, and proper, under any circumstances; but pecuharly 
so, in that case, as neither the people, nor their represen- 
tatives in the Assembly, had been consulted, or had exer- 
cised any agency in forming the law, by the authority of 
which the Convention had been called; or in prescribing 
the principles on which they were to act; nor had an op- 
portunity been afforded them, to form and express an 
opinion on the important conditions contained in the prop- 
osition, offered by Congress. Yet the resolution was reject- 
ed by a vote of t\venty-seven to seven ; and the Constitution 
was declared to be in force, and obligatory on the people, 
without their assent, expressed in any form whatever; and, 
in fact, ^^dthout their knowing how far the Convention, in 
their compact with Congress, had bartered away their 
rights, guarantied in the federal Constitution, and in the 
act of cession. 

Some persons ascribed the rejection of the resolution, to 
a fear that the people would repudiate the instrument, if it 
were submitted to them, in the form in which it had been 
drawn up. Others ascribed it to an over anxiety to get 
the new government into operation, in the shortest possi- 
ble time, as it was understood, that all the important offices 
to be created, both federal and state, were to be filled by 
members of that body. Without stopping to speculate on 
23 



354 BURNET'S NOTES ON THE 

the probability or improbability of these suppositions, they 
will be passed over, with this remark : that, under all the 
circumstances of the case, there were strong grounds to 
fear, that personal considerations had their influence, in 
producing the rejection of the resolution. It was said in 
their behalf, that they were influenced by an honest desire, 
to save labor and strife, and prevent an unnecessary loss 
of time. 

It must be confessed, that it requires a large share of 
charity to adopt that conclusion. The people, however, 
must judge for themselves, whether the considerations sug- 
gested, if sincere, were sufficient, under the circumstances 
of the case, to justify the course pursued. It was certainly 
a bad precedent ; and at the commencement of the political 
existence of the State, was sufficient to excite alarm for 
the future. 

As the Territorial Legislature was in existence, and 
stood adjourned to meet at Cincinnati, on the fourth Mon- 
day in November, three weeks after the opening of the 
Convention, a resolution was passed, directing their Presi- 
dent to request the Governor to dissolve or prorogue that 
body. Such a precaution was altogether unnecessary, as 
no disposition existed among the members, either to em- 
barrass, or in any way interfere with, the movements of 
the Convention. That such a disposition did not exist, was 
verified by the fact, that the day for the meeting of the 
Legislature, came and passed; the members remaining at 
home, as by common consent. No attempt was made by 
the Governor, or by any of the members, to convene that 
body, till its existence was terminated ; and it was succeed- 
ed by the General Assembly, under the State Constitution. 

On many of the questions discussed in the Convention, 
great diversity of opinion, and much warmth of feeling, 
was manifested. This was the case, particularly, on the 
different propositions which were offered, relating to the 
people of color, then residing in the Territory, amounting 



NORTH-WESTERN TERRITORY. 355 

probably to one or two hundred. A few of the members 
were disposed to declare them citizens, to the full extent of 
that term ; while others contended against allowing them 
any other privilege, than the protection of the laws, and 
exemption from taxes and militia duty. Propositions were 
made to declare them ineligible to any office, civil or mili- 
tary; also to exclude them from being examined as wit- 
nesses, in courts of justice, against white persons. 

On some of those questions, great warmth of feeling was 
excited ; and fears were entertained, that, if they were not 
soon disposed of, they would greatly embarrass, if not en- 
tirely defeat, the object for which they were assembled. 
The apprehension of such a disastrous result, induced them, 
by a tacit consent, to abandon all the propositions which 
had been made, relating to the subject, by permitting them 
to lie on the table, undisposed of; and proceeding to form a 
Constitution, having no direct reference whatever, to that 
matter ; but embracing only the free white population of 
the district, who alone were represented in their body. It 
seemed also to be understood that its phraseology should 
be so guarded as to show that people of color were not 
considered as parties to it ; and that as they had no agency 
in its formation, they should have none in its administra- 
tion. With that view they were carefully excluded from 
the description of persons, recognised as citizens of the 
counties, who were to be represented in the General As- 
sembly. The Constitution requires, that representation 
shall always be in the proportion of population, and of that 
population, which was understood to compose the body, by 
whom, and for whom, it was made. 

Every county is entitled to a representation in propor- 
tion to the number of its citizens ; of course those only can 
be considered as citizens who are included in the class for 
whom a representation is provided. Persons of color are 
not included, and therefore cannot be citizens. Hence it is 
that, in taking the enumeration of citizens, directed by the 



366 BURNET'S NOTES ON THE 

Constitution, people of color cannot be included — that 
the Legislature are required to apportion both Senators 
and Representatives, among the counties, according to the 
number of white male inhabitants, and that the right of 
suffrage is confined to the white population. 

Every person who reads the Constitution must discover, 
that colored people cannot be represented in the Legisla- 
ture ; and that they have not, and cannot have, any agency 
in conducting the government, or in making, or adminis- 
tering the laws. In these respects they stand on the 
ground of the aborigines, who remain in the State, after 
they have ceded their lands to the government. While 
they are suffered to continue, they have a right to claim 
the protection of the laws of the State, and to be treated 
with justice and humanity, but beyond that, no claims are 
secured to them. 

The formation of the third article of the Constitution, 
which creates the judicial department, gave rise to some 
difficulty. It being understood that the temporary seat of 
government would be established at Chillicothe, the dele- 
gates from some of the more populous counties, remote 
from that place, objected to the establishment of a Supreme 
Court, to be held exclusively at the seat of government, 
with courts of Nisi Prius, for the trial of issues of fact. 
They were unwilling to yield the claims of their own coun- 
ties; and it was soon found, that a majority could not be 
had, to locate the court in any one of the counties. To 
get over that difficulty, the novel plan of holding a 
Supreme Court in each county was adopted. One evil 
arising from that scheme was, that the Judges were 
required to be on horseback, half the year, and were 
compelled to decide important questions of law, in great 
haste; and often, in frontier counties, where access to 
law books could not be had; and as the same Judges 
are not always present, it sometimes happens that the 
same point is decided differently in different counties. 



NORTH-WESTERN TERRITORY. 357 

To avoid this evil, as far as possible, the Legislature, in 
1821, directed a special session, of all the Judges of the 
Supreme Coui't, to be held at the seat of government, 
once in each year, to consider and decide questions re- 
served in the counties, and sent up by order of the 
Court. This arrangement has removed some of the 
difficulties before noticed. 

The indulgence of local pride, w^hich led to this result, 
was truly unfortunate, and subjected the administration of 
justice to difficulties and embarrassments, the evil conse- 
quences of which cannot be estimated. None but the 
judges and members of the bar, can form an adequate idea 
of the hurry, confusion, and at the same time, delay, which 
has been caused in the administration of justice, by the 
anomalous plan resorted to, as a substitute for the system 
first proposed, which was a Supreme Court located at the 
seat of government, with Circuit Court powers. 

The manner in which the Convention arranged the Courts 
of Common Pleas, has also been found inconvenient and 
expensive. The positive requirement, that there shall be 
at least two associate judges for each county, precludes the 
possibility of modifying those courts, so as to have them 
composed entirely of legal characters. It was the opinion 
of the bar generally, at that time, that the Judges of the 
Supreme Court, and the Presidents of the Courts of Com- 
mon Pleas, ought to have been appointed during good be- 
havior. Serious fears were entertained that the short term 
of their office would lead to a want of stability and uni- 
formity in decision ; and might bring them under the influ- 
ence of leading political men. This opinion was predi- 
cated on the same reasons assigned in England in favor of 
the independence of their Judges. It has always been 
thought in that country, that to secure the just and equal 
administration of the laws in all cases, and to all orders of 
men, the persons by whom they are administered, should 



358 BURNET'S NOTES ON THE 

feel themselves alike independent of the power of the croAvn, 
and of populai- caprice. 

Feai-s were also entertained, that in times of high party 
excitement, judges would be selected, rather for their 
political opinions, than their legal acquirements. How far 
tliis apprehension has been realized, is for otliers to decide. 

It may be here remarked, that some of the difficulties just 
referred to, show tlie danger of resorting to too much specific 
legislation in the formation of constitutions for representa- 
tive governments. In despotic countries, whose charters of 
government are considered as concessions by the crown to 
tlie people, the more full and explicit they are, the better. 
But in republics, where all power rests with the people, 
and tlie government, of right, can exercise only such por- 
tions of it as have been delegated to them, the case is very 
difterent. 

The provision fixing the minimum size of counties at 
four hundred squai-e miles, has resulted in the formation of 
small counties, thi-oughout the State, and has oppressed the 
Legislature with endless applications to razee large coun- 
ties to the minimum of the Constitution. The plea of con- 
venience urged in favor of that policy, is rebutted by the 
pressm'e of expense it produces, and the impossibility of 
placing county institutions and improvements on a respect- 
able footing. It was well known, that several leading poli- 
ticians of that period, felt a deep interest in the formation 
of new counties, and especially in the location of county 
seats ; and it was supposed that the influence of that fact 
was felt in the Convention. 

Notwithstanding these defects, the leading principles 
\vhich characterize the Constitution, have met with general 
approbation ; though it was feared that, in some particu- 
lars, the equalizing principle was carried too far for the 
safety and stability of our institutions. There was an hon- 
est apprehension that the popular election of officers, who. 



NORTH-WESTERN TERRITORY. 359 

by a faithful discharge of their duty, must incur the dis- 
pleasure of those on whom their re-election depended, 
might be productive of injurious consequences ; but expe- 
rience has shown that the danger was not as serious as 
was anticipated. 

The mode provided for the appointment of officers in the 
militia, was particularly objected to, by men of military 
experience; and it is evident that, under that plan, the 
organization and improvement of the militia has not equal- 
ed the public expectation. One of the objections was, the 
election of officers, by the men, whom they were to com- 
mand. 

Probably there is no article in the Constitution that 
strikes the reader with more surprise, than that which de- 
fines the powers of the Governor. They are so limited and 
restricted, as to be almost nominal. It is made his duty to 
recommend to the consideration of the Assembly, such mat- 
ters as he shall think proper. He may fill vacancies in 
office, happening in the recess of the General Assembly, 
till the end of their next session. He may reprieve or par- 
don convicts; and is authorised to appoint the Adjutant 
General of the State ; but he cannot interfere, in any form, 
with the action of the Legislature, or check, for a single 
hour, the most improvident, or unconstitutional movements 
of that body. He has not any participation in the appoint- 
ing power. He is not permitted to nominate candidates 
for office ; nor can he remove an officer, or even suspend 
his functions, temporarily, however mischievous his conduct 
in office may be. It has been intimated, heretofore, that 
this parsimonious delegation of power to the chief execu- 
tive, may be attributed to a recollection of the manner in 
which the Governor of the Territory had executed the pow- 
ers confided to him by the Ordinance. That example was 
before their eyes ; and it was natural to expect, that while 
they were studiously aiming to avoid one extreme, they 
would fall into the other. 



360 BURNET'S NOTES ON THE 

The question of boundary, though not expressly referred 
to the Convention, was one of greater importance than 
would appear at first view. It is generally known, to those 
who have consulted the maps of the western country, ex- 
tant at the time the Ordinance of 1787 was passed, that 
Lake Michigan was represented as being very far north of 
the position, which it has since been ascertained to occupy. 
On a map in the Department of State, which was before 
the committee of Congress, who formed the Ordinance, for 
the government of the Territory, the southern boundary of 
that Lake, was laid down as being near the forty-second 
degree of north latitude ; and there was a pencil line pass- 
ing through the southern bend of the Lake to the Canada 
line, which intersected the strait, between the river Raisin 
and the town of Detroit. That line was manifestly intend- 
ed by the committee, and by Congress, to be the northern 
boundary of this State; and, on the principles on which 
courts of chancery construe contracts, accompanied with 
plats, that map, and the line marked on it, should have 
been taken, as conclusive evidence of the boundary, with- 
out reference to the actual position of the southern extreme 
of the Lake. 

When the Convention was in session, in 1802, it was the 
prevailing understanding, that the old maps were correct; 
and that the line, as defined in the Ordinance, would ter- 
minate at some point on the strait, far above the Maumee 
bay ; but, while that subject was under discussion, a man 
who had hunted many years on Lake Michigan, and was 
well acquainted with its position, happened to be in Chilli- 
cothe, and in conversation with some of the members, men- 
tioned to them, that the Lake extended much farther south 
than was generally supposed; and that a map he had seen 
placed its southern bend many miles north of its true posi- 
tion. His statement produced some apprehension, and ex- 
citement on the subject, and induced the Convention to 
change the line prescribed in the act of Congress, so far as 



NORTH-WESTERN TERRITORY. 361 

to provide, that if it should be found to strike Lake Erie, 
below the Maumee river, as the hunter informed them it 
would, then the boundary of the State, should be a line 
drawn from the point where the prescribed line intersected 
the west boundary of the State, direct to the most northern 
cape of the Maumee bay. That provision saved to the 
State of Ohio, the valuable ports and harbors on the Mau- 
mee river and bay, which were the prize contended for, in 
what was called, "the Michigan war of Governor Lucas." 
Yet some of the members were so intent on the establish- 
ment of a State government, in the shortest possible period, 
that they hesitated in making the provision, lest it might 
cause delay; but fortunately it was adopted, and its object 
is now secure. Small matters sometimes lead to great re- 
sults, as was the fact in this case. 

It was the opinion of some of the pioneers, that the Con- 
vention ought to have claimed the line indicated by the 
maps extant, and assumed to be correct, when the Ordi- 
nance was formed. In other words, they should have 
claimed the line, which the Ordinance manifestly intended 
to give, and which, by a fair interpretation, it did give. 
That claim could have been maintained, with greater pro- 
priety and effect, than the hypothetical one set up in the 
Constitution; and particularly so, as the State was entitled 
to the possession and jurisdiction of the entire Territory, 
east of her western boundary extending from the river 
Ohio to the Canada line, which, as the result has shown 
would have continued to be a part of the State, from that 
day till 1835. 

Some excitement was also produced by the conflicting 
views which were entertained on the subject of salaries 
and compensations, which were finally adjusted; and, on 
the whole, the business of the session was conducted and 
closed, with as much harmony as could have been expected. 

Before they separated, an address to the President of the 
United States, and to both Houses of Congress was adopted; 



3^2 BURNET'S NOTES ON THE 

expressing their gratitude for the favors they had received 
from government; and their approbation of the principles 
on M^hich it had been administered. A resolution was also 
passed, authorising the President of the Convention to take 
charge of the new Constitution, after it should be signed by 
all the members ; and deposite it in the office of the Secre- 
tary of State, as soon as that officer should be appointed. 

The minority, in and out of the Convention, considered 
the first of these resolutions, as conveying a very gratuitous 
and unmerited compliment. The administration of the elder 
Adams, then just terminated, had treated the people of the 
Territory justly — they did not vidthhold or deny, any right 
guarantied to them ; and this is all that can be said in their 
favor. The administration of Mr. Jefferson had just com- 
menced, and of course, could not have done anything to ben- 
efit the Territory, apart from the act to authorise the forma- 
tion of a State government, which was loaded with condi- 
tions and restrictions both hard and oppressive, requiring a 
surrender of half the privileges guarantied to them, both 
by the Ordinance and the federal Constitution, on their be- 
coming a State. 

A view of the manner in which the Convention was called, 
and the condition of the Territory at the time, necessarily 
give rise to some interesting reflections. There was a Ter- 
ritorial Legislature then in existence, vested with full and 
complete legislative power, which had never been consul- 
ted on the subject. About one-third of the members of the 
Convention, were also members of that Assembly. No 
power had been given to Congress, in the Ordinance or else- 
where, to interfere with the local legislation of the Territory, 
after the establishment of the second grade of government. 
The formation of a State Constitution, belonged wholly to 
the people of the Territory, and their Legislature ; neither 
of whom had been permitted to take any part in the move- 
ment. When the people of the district amounted to sixty 
thousand in number, they were authorised to form a Con- 



NORTH-WESTERN TERRITORY. 363 

stitution on republican principles, and become a member 
of the Union. Prior to that time, it was understood, that 
Congress had power to permit the formation of a State 
government ; but that when that permission had been gran- 
ted, their power was exhausted. As to everything else, 
connected with that subject, the Legislature and people of 
the district had the exclusive right of prescribing and 
acting. 

In confirmation of the correctness of the view here pre- 
sented, the reader is requested to pause, and examine the 
Appendix annexed, marked K. where he will find, that Mr. 
Fearing, the delegate then representing the Territory in 
Congress, resisted the proposition for calling a Convention, 
on the same grounds, which are here stated — that neither 
the people of the Territory at large, nor their representa- 
tives in the General Assembly, had been consulted ; and 
that the project before Congress, was neither more nor less, 
than a mandate directing the citizens to elect a Convention; 
and ordering that body, when assembled, if they assented 
to the conditions proposed, to proceed and form a Constitu- 
tion for the people of the Territory ; without ascertaining 
whether it met the views of the majority of them, or not. 
The reader will also find that other members of Congress 
viewed the project in the same light, and opposed it for the 
same cause ; and that the people of the Territory expressed 
the same opinion at their public meetings. Yet Congress 
without consulting either, ordered a Convention, and direc- 
ted all the details concerning it. 

The law they passed, extended the right of suffrage to 
almost every person residing in the Territory ; which was a 
violation of so much of the Ordinance as related to that 
subject. The authority of the people, and their immediate 
representatives, was broken down — the power of the gen- 
eral government set up in its place, and a course pursued 
which was completely revolutionary, in its character and 
tendency. It was, however, submitted to, and no efforts 



364 BURNET'S NOTES ON THE 

were made to retard, or embarrass the movements of the 
majority, after Congress had taken the management of the 
matter into their own hands. Indeed, such an attempt, if 
it had been made, would have been useless. That being 
the case, one would suppose, that the Constitution formed 
under such circumstances, by an authority so remote from 
the people, would have been submitted to their considera- 
tion, to be accepted or rejected, at their pleasure. Such, 
however, was not the fact. The resolution offered for that 
purpose, was voted down, and the instrument was declared 
to be obligatory on all concerned, nolens volens. 

The course pursued by the Convention, in regard to the 
propositions submitted to them by the act of Congress, was 
somewhat singular. It was generally understood that as 
they were to be freely accepted or rejected, the action of 
the Convention, either accepting or rejecting them, would 
be final. Such, however, was not the fact. Although it 
was their unanimous opinion, that the conditions offered by 
Congress, were not an adequate consideration for the State 
rights which were to be relinquished ; yet instead of reject- 
ing the propositions promptly, they passed an Ordinance, 
in which they resolved to accept them, provided certain ad- 
ditions and modifications, should be agreed to by Congress. 
The prevailing opinion was, that they were not authorised 
to pursue such a course — that their powers were specifi- 
cally stated, in the act of Congress, under which they were 
elected ; and that there was no ground of pretence, that the 
people delegated to them, other, or greater, powers than 
were there expressed. It was believed that a power, given 
expressly to accept or reject a specific proposition, did not 
grant a power, either to offer, or accept a different one. 
Yet the Convention did accept a proposition, altogether 
different from the one, which was submitted. Whether 
this was right or wrong, is now a matter of no moment ; 
as it has been acquiesced in, till the time of rectifying the 
error, has passed by. It may, however, be made a ques- 



NORTH-WESTERN TERRITORY. 365 

tion, whether the compact has not been carried much far- 
ther, in practice, than the terms in which it is couched, will 
justify. It declares "that every tract of land sold, or to be 
sold, by Congress, from and after the 30th day of June, (then 
next,) should be and remain exempt from any tax, for the 
term of five years, to be reckoned from the day of sale." 
The construction given to that compact was, that the State 
relinquished the right of levying taxes on public land, as 
well before it should be sold, as for the term of five years 
from and after such sale. This was not the construction of 
the minority. They did not consider the compact as ex- 
tending to any land in the Territory, until it had been sold 
by Congress ; and, of course, that all lands held by them, 
were subject to taxation, as long as they remained unsold. 
The only benefit, it was supposed, the United States could 
derive from that exemption, was, the inducement it offered 
to the community, to become purchasers from them, rather 
than from private individuals. 

It was understood that a majority of the members of the 
Convention, considered the right of taxing Congress lands, 
entirely given up, and that they came to that conclusion, 
on the assumed ground, that, irrespective of the compact, 
the State would not possess the power of taxing any land, 
held as the property of the nation. It was admitted by the 
minority, that during the Territorial government, that was 
true ; though there were some, who denied the obligation of 
the Ordinance altogether, on the ground, that it was ex 
'parte, and never agreed to by the people. That opinion, 
however, was expressed by a very few. The great mass 
of the inhabitants, of both parties, considered it as obliga- 
tory in all its parts, on the ground that they had given their 
assent to it, by voluntarily settling in the country, and 
availing themselves of its protection, and of all the other 
benefits which it secured. 

During the continuance of the Territorial government, 
both the soil and the jurisdiction of the country, were vest- 



366 BURNET'S NOTES ON THE 

ed in Congress ; and, as long as those rights were united in 
them, their power to dispose of either, for the purposes of 
the trust, could not be questioned ; and it appears reasona- 
ble, that that power should continue, till the people ac- 
quired a right to form an independent state government, by 
the acquisition of sixty thousand inhabitants. When that 
period came, the jurisdiction of Congress necessarily termi- 
nated; and, if the new federal Constitution had not been 
previously adopted, the State of Ohio being possessed of 
the same attributes of sovereignty, which Virginia held, at 
the date of her act of cession, would have become the pro- 
prietor, in her own right, of all the land not previously dis- 
posed of by Congress. 

The act of cession having granted to the new States 
the right of forming independent State governments, and of 
being admitted into the Union, in all respects on a footing 
with the original States, the power and the rights of the 
old Confederation could not have been greater in Ohio, 
than they were in the original States. The privileges re- 
served by Virginia, for the States to be erected, within the 
ceded Territory, had a direct reference to the powers and 
rights, enjoyed by the old States, at the time the deed of 
cession was made ; and no other restriction was contem- 
plated, than such as might have been imposed by Congress 
on the original States, if the general government had un- 
dergone no change. Suppose, then, for a moment, that 
Ohio had been erected into an independent State, and ad- 
mitted into the Union, before the adoption of the present 
federal government, could Congress have claimed other, or 
greater, powers over her, than she exercised over Virginia ? 
If not, in whom would the right of soil, and the power of 
taxation, have vested? Virginia, within her limits, held an 
undisputed right to both; and Ohio must have been placed 
in the same situation, or her rights of sovereignty would not 
have been equal to those of Virginia. 

The grant from Virginia to Congress, was a trust, crea- 



NORTH-WESTERN TERRITORY. 367 

ted principally for the inhabitants of the Territory ; but in 
part, for the benefit of every State of the Union, in the pro- 
portion expressed in the act itself. 

It seems to have been taken for granted, that Congress 
would dispose of the right of soil, in the ceded Territory, 
before its population would authorise the establishment of 
State governments ; which might have been done, by pur- 
suing the policy practiced by Virginia, in disposing of the 
residue of her vacant lands. 

The act of cession contains no reservation of right, in 
favor of Congress, to continue after the formation of State 
governments; but the terms used are sufficiently compre- 
hensive, to vest in the new States all rights not legally dis- 
posed of, at the time of their formation. On this subject 
the act is positive ; declaring that the cession " is made on 
condition, that the Territory so ceded, shall be laid out and 
formed into States, containing a suitable extent of terri- 
tory, and that the States, so formed, shall be republican 
States, and severally admitted members of the federal 
Union; having the same rights of sovereignty, freedom and in- 
dependence, as the other States.''^ 

Now, what were the rights of that character, possessed 
by the other States, under the old Confederation? The an- 
swer is important; for it will decide what the rights of the 
new States would have been, under that government, had 
it continued. Each of the original States was perfectly in- 
dependent of each other, and of all other powers; except 
so far as they were limited by their allegiance to the Con- 
federation, which was very little more than a shadow. 
Under that association. Congress had not the power of 
levying a cent of tax, in any State of the Union, or of in- 
terfering with the exercise of that power by the States 
themselves. They could obtain money, only by requisitions 
on the States, which they had no power to enforce^ nor 
could they acquire, or hold, real estate, without the consent 
of the State Legislatures. 



368 BURNET'S NOTES ON THE 

From these premises it must follow, that if the old Con- 
federation, to which the deed of cession was made, had 
continued, Ohio would have had, not only the power of tax- 
ation, but would have been the owner, in her own right, of 
all the unsold land within her limits. 

But it is a question more complex and more difficult to 
decide, how far the adoption of the new federal Constitu- 
tion, and the consent of the State to become a member of 
the Union, under it, has varied the rights she might have 
claimed, if no change in the general government had taken 
place. The words of the act of cession have been stated 
above. The Ordinance of 1787, made in conformity with 
that act, contains the following provision : '' And whenever 
any of the said States shall have sixty thousand free inhab- 
itants therein, such State shall be admitted, by its dele- 
gates, into the Congress of the United States, on an equal 
footing with the original States in all respects whatever.'''' The 
act of Congress, of 1802, authorising the inhabitants of the 
eastern district to form a State, declares the same thing in 
these words : " The State, when formed, shall be admitted 
into the Union on the same footing with the original States in 
all respects whatever.^^ As each and all of these enactments 
guarantee to Ohio the same extent of sovereignty as was 
enjoyed by the old States, under the Confederation, with 
no other restrictions than those to which they are subject, 
her rights may be known, by ascertaining theirs. 

Although the powers of the general government have 
been greatly increased, and those of the States proportion- 
ably diminished, by the federal Constitution, yet the old 
States claim and exercise, without objection, the power of 
taxing all property within their limits. 

Admitting, then, that the concessions made to the general 
government in the Constitution, secured to Congress, for- 
ever, the primary disposal of the right of soil in the Terri- 
tory ; still, it is contended, that the right of taxation remain- 
ed unimpaired, and would have been enjoyed by Ohio, un- 



NORTH-WESTERN TERRITORY. 369 

restricted, and above the reach or control of any other 
power, if no portion of it had been surrendered by the 
Convention. This assumption is put on the simple ground, 
that the original States possessed that right; and that 
Ohio has a three-fold guarantee that every right of sov- 
ereignty, possessed by them, shall be held and enjoyed 
by her. 

There is not an acre of land in any one of the old States, \ 
to which the Legislature cannot extend her revenue laws, \ 
unless she has exempted it from that liability, by her own 
act. If then, the same power of legislation be denied to 
Ohio, can it be said that she is placed on an equal footing 
with the other States, in all respects wJiatever ? J 

After a full view of this subject, it seems to be impossi- 
ble to bring the mind to any other conclusion, than that \ 
the State of Ohio was vested with ample power to tax the ' 
lands of Congress, in the same manner as she did those of 
individuals ; and that the concession made by the Conven- 
tion did not interfere with that right, further than to sus- 
pend it, as to lands sold by government, dui-ing the term of 
five years from and after the date of the sales respectively. 
24 



CHAPTER XX. 

Sketch of the life of Gov. St. Clair.— His military services in Canada and the 
United States. — Governor of the North-western Territory. — Disagreements 
with the Legislature. — His general character. — His embarrassments and 
poverty. — Annuity granted by Pennsylvania. — His death. 

Governor St. Clair was a native of Scotland, born in 
1734. Having received a thorough classical education, at 
one of the most celebrated Universities of his native coun- 
try, he studied the profession of medicine, with a view of 
pursuing it, as the chief business of his life ; but, having a 
taste for military pursuits, he applied for a commission in 
the army, through his family connexions, who occupied an 
elevated grade in society, and possessed a corresponding 
influence. He was prompted to make this application, 
from a belief that it was preferable to the dull pursuits of 
the profession he had selected. The application was suc- 
cessful; and when General Wolfe was appointed, by the 
elder Pitt, to command a momentous expedition, fitted out 
against the city of Quebec, one of the most strongly forti- 
fied towns in America, St. Clair was a subaltern in his 
army, and accompanied him into Canada; where he par- 
ticipated in the dangers and the glory of the memorable 
battle of September, 1759, which terminated in the capture 
of the city, and the lamented death of the commanding 
general, who fell and expired on the Plains of Abraham, at 
the moment victory had declared in his favor. 

After the treaty of 1763, by which peace was made be- 
tween the contending nations, and the province of Canada 
was ceded to Great Britain, St. Clair resigned his commis- 



NORTH-WESTERN TERRITORY. 371 

sion in the army, and removed to Pennsylvania, where he 
purchased a tract of land, in the interior of the province, at 
Legonier valley, and commenced the business of farming. 
Having a good mathematical education, he found profita- 
ble employment as a surveyor. It was not long, however, 
before his talents and acquirements became generally 
known, when he received the appointment of Prothono- 
tary of Westmoreland county. 

During the interval between the French war, and the 
commencement of the Revolutionary struggle, he held vari- 
ous civil offices in Pennsylvania, and executed some im- 
portant commissions, in behalf of that province. The 
strong evidence he had given, of military genius and skill, 
in the five or six campaigns in which he served in the 
British army, during the French war, and the manifesta- 
tions of intelligence and integrity, afforded during his resi- 
dence in Pennsylvania were such, that when the troubles 
with the mother country began, public attention was direct- 
ed to him, as one of the prominent men, who were to lead 
in the Revolutionary struggle, then about to commence. 

As soon as the state of affairs in the colonies rendered it 
necessary to resort to vigorous measures, to resist the op- 
pressive proceedings of the mother country, by military 
force, in 1775, the American Congress appointed him a 
Colonel in the Continental army ; and, in February follow- 
ing, ordered him to march with his regiment into Canada. 
Early in August, 1776, he was promoted to the rank of a 
Brigadier; and in February, 1777, after the American army 
had re-crossed the Delaware a second time — eluded the 
vigilance of the British at Trenton — surprised and defeated 
them at Princeton — breaking through their line — captu- 
ring many prisoners and much baggage — and had been 
placed in safe and comfortable winter quarters, in the 
highlands of Jersey, in which movements St. Clair bore an 
active part, — he was created a Major General, and ordered 
to repair to Ticonderoga, and place himself under the com- 



372 BURNET'S NOTES ON THE 

mand of General Gates ; but was instructed first to repair 
to Philadelphia, to receive the orders of Congress. 

The post at Ticonderoga was one of great importance in 
public estimation. It was occupied by a numerous garri- 
son under the command of General St. Clair; and it is well 
known by those who are familiar wdth the events of the 
Revolution, that for some time after it had been evacuated 
by the Americans, and occupied by the enemy. General St. 
Clair was very severely censured; but it is also known, 
that, after a full and thorough investigation of the facts con- 
nected with the transaction, it was ascertained to the satis- 
faction of the general officers of the army, and also of the 
American Congress, that the post, at the time it was aban- 
doned, was in an unfinished state, and manifestly indefensi- 
ble ; and that an attempt to hold it against the superior force, 
by which it was about to be invested, would have been un- 
successful, and must have terminated in its capture, and the 
consequent loss of the important detachment of the north- 
ern army, by which it had been garrisoned. It was also 
universally believed in camp, and elsewhere, that the loss 
of that portion of the American troops, would have prevent- 
ed the capture of General Burgoyne and his entire army. 

Such was the opinion of the court-martial, who investi- 
gated the afiair, as appears from their report, submitted to 
Congress by General Washington, in October, 1778. The 
officers of the army generally, who examined the evidence 
taken, and reported in the case, concurred in the opinion, 
that, situated as General St. Clair was, it required more 
moral courage to induce a brave soldier to abandon the 
post without a battle, than to make a desperate, unsuccess- 
ful effort to defend it, followed by the loss of the fort and 
garrison. In the one case, he was sure to be branded with 
cowardice ; in the other, he would cover himself with glory. 
The general court-martial, after deliberating on the case, 
having all the facts and circumstances connected with it, 
fully before them, unanimously concurred in the opinion, 



NORTH-WESTERN TERRITORY. 373 

that the works could not have been defended, successfully, 
in their imperfect state, against the entire British army, 
which was about to invest them; and that the officer in 
command manifested a sound judgment, and a prudent, 
heroic resolution, in meeting the consequences of a faithful 
discharge of his duty, on that trying occasion, and accom- 
panied their report with the following sentence: '■'^ Major 
General St. Clair is acquitted, with the highest honor, of the 
charges exhibited against him^ 

When those proceedings were subsequently taken up, 
and acted on by Congress, a resolution was offered and 
adopted, without one dissenting voice, approving and con- 
firming the sentence of the court-martial, in the same lan- 
guage in which it was couched; and an order was there- 
upon made, to transmit the decision to the Commander-in- 
chief. 

The character of the General being thus triumphantly 
vindicated, he continued in the army, and served with 
reputation, till the close of the war, when he retired to his 
farm, at Legonier, and again engaged in the pursuits of 
civil life. In 1785, the Legislature of Pennsylvania ap- 
pointed him a delegate to the Continental Congress, and 
as an evidence of the high estimation in which he was 
held, he was chosen President of that august body, soon 
after he took his seat. 

The ordinance for the government of the North-west- 
ern Territory having been passed, by the Congress of the 
old Confederation, they proceeded to elect the Territorial 
officers necessary to carry the provisions of it into effect ; 
when General St. Clair was chosen Governor, and Win- 
throp Sargent, Secretary. At that time, no settlement had 
been made by citizens of the United States, north-west 
of the river Ohio ; but in the spring following, a New Eng- 
land colony, under the lead of General Putnam and oth- 
ers, was planted at the mouth of the Muskingum river; 
and the Governor, forthwith, repaired to that place. 



374 BURNET'S NOTES ON THE 

In 1788, it will be recollected, the new federal Constitu- 
tion was ratified by the requisite number of States, and in 
the succeeding year went into operation, under the auspices 
of President Washington. It being the opinion of Congress 
that all appointments to office, under the articles of the old 
Confederation, terminated with the government by which 
they had been made ; and, consequently that all the offices 
in the Territory had become vacant by the change of gov- 
ernment ; the President, in conformity with that opinion, 
in August, 1789, proceeded to nominate to the Senate, suit- 
able persons to fill those vacancies. 

His acquaintance with General St. Clair having been 
long and intimate, he re-nominated him for the office of 
Governor; which he had previously held, under the old 
Congress ; and the Senate, having advised and consented 
to the appointment, a commission was issued accordingly, 
under which he continued to execute the duties of the 
office, from that time till within a few weeks of the termi- 
nation of the Territorial form of government, in the winter 
of 1802-3; when, to gratify the malice of his enemies, 
he was removed by Mr. Jefferson, who had been his friend 
and admirer. That removal was one of the first evidences 
given, by the new administration, that politics were stronger 
than friendships, and partisan services more availing than 
talents. 

The manner in which he discharged the duties apper- 
taining to the office of Governor of the Territory, from 1787 
till 1802, inclusive; and of commander of the Western 
army in 1791, may be collected from the preceding narra- 
tive; yet a concise recapitulation of some of the occur- 
rences, in the official course of that distinguished man, 
while administering the civil government of the Territory, 
cannot be uninteresting. 

During the continuance of the first grade of that imperfect 
government, he enjoyed the respect and confidence of every 
class of the people. He was plain and simple in his dress 



NORTH-WESTERN TERRITORY. 375 

and equipage, open and frank in his manners, and acces- 
sible to persons of every rank. In these respects, he ex- 
hibited a striking contrast with the Secretary, Colonel Sar- 
gent; and that contrast, in some measure, increased his 
popularity; which he retained, unimpaired, till after the 
commencement of the first session of the Legislature. 
During that session, he manifested a strong desire to 
enlarge his own powers, and restrict those of the Assem- 
bly ; which was the more noticed, as he had opposed the 
usm'pations of the Legislative Council, composed of him- 
self, or in his absence, the Secretary, and the Judges of 
the General Court; and had taken an early opportunity 
of submitting his views on that subject to the General 
Assembly. 

The first symptom of a desire to extend his power, was 
seen in the construction he gave to some of the provisions 
of the ordinance, the tendency of which was, to confine the 
action of the Legislature ; as, for example : the Ordinance 
made it his duty, as Governor, to proceed from time to 
time, as circumstances might require, to lay out the parts 
of the district, in which the Indian title had been extin- 
guished, into counties and townships ; subject, however, to 
such alterations as might thereafter be made by the Legis- 
lature. Although the entire Territory, subject to his action, 
had been laid out into counties, prior to the meeting of the 
Legislature, in 1799; yet, he claimed the exclusive right 
of creating new counties, by the division and alteration of 
existing ones. 

In opposition to that assumption, the Legislature insisted 
that his power was exhausted by what he had already 
done ; and that the right of altering existing counties was 
vested in their body, subject to his veto. 

In accordance with that view, they proceeded to pass bills 
for that purpose, and sent them to the Governor for his 
concurrence. He not only withheld his approval, but re- 
tained them in his hands, till the close of the session, when 



376 BURNET'S NOTES ON THE 

he sent a written communication to the Assembly, couched 
in offensive language, remonstrating against their proceed- 
ings, as an usurpation of power; which was contrary to 
his usual custom. 

He intimated, in pretty plain terms, a want of confidence 
in the judgment and discretion of the Assembly, in deciding 
when the number of inhabitants, or the situation of a dis- 
trict, rendered it necessary, or proper, to alter or divide it, 
and thereby establish a new county; and, as if anxious to 
make his power more sensibly felt, he proceeded, imme- 
diately, to create and organise new counties, out of old 
ones, varying somewhat from the plan adopted by the 
Assembly ; and to establish them by proclamation, without 
consulting the Legislature. 

On the ground that the section in the Ordinance, creating 
the General Assembly, declared that it should consist of 
the Governor, Legislative Council, and House of Repre- 
sentatives, and that the former should have an absolute 
veto on the proceedings of the two Houses ; he claimed to 
be a co-ordinate branch of the Legislature, vested with full 
discretion to decide on the propriety and expediency of all 
their acts, placing his own opinion, in every case, in oppo- 
sition to the judgment and experience of both Houses. 

The effect of the construction he gave, of his own pow- 
ers, may be seen in the fact, that of the thirty hills, passed 
by the two Houses, during the first session, and sent to him 
for his approval, he refused his assent to eleven; some of 
which were supposed to be of much importance ; and all 
of them calculated, more or less, to advance the public in- 
terest. Some of them he rejected, because they related to 
the establishment of new counties ; others because he 
thought they were unnecessary, or inexpedient. Thus more 
than a third of the fruits of the labor of that entire session, 
was lost, by the exercise of the arbitrary discretion of one 
man. 

In one of his communications, he begged the Assembly to 



NORTH-WESTERN TERRITORY. 377 

remember, that he was a co-ordinate branch of their body, 
and had a right to receive copies of all bills, reported in 
either House, as soon as they were printed, and furnished 
to the members. It was imderstood and known, that no 
act of the Assembly, could receive the force of a law, with- 
out his consent — that his veto was absolute and final ; and 
that it gave him a perfect control, over the exercise of the 
law-making power; but it was not admitted for a moment, 
that he had a right to engage in the deliberations, or inter- 
fere in any manner, with the transactions of their body ; 
or to require them to communicate with him, on any mea- 
sure pending in either House, as they did with each other ; 
yet, to gratify his feelings, a joint order was immediately 
made, directing the officers to send the bills, as he had 
desired. 

The apparent unkindness of that reproof, was felt the 
more sensibly, from the fact, that the two Houses, during 
the preceding session, had respectfully requested him, to re- 
turn the bills he could not approve, before the close of the 
session, with his objections ; so that it might be in their 
power, to make an effort to remove them, by amendments ; 
to which request, he returned the following uncourteous 
reply — "As to your request, gentlemen, that when any bill, 
or bills, may be presented for approbation, which may not 
be approved, I shall return them in ten days, to the House 
where they originated, with the objections, I may have to 
them, I am sorry to tell you, that it is altogether out of my 
power, to comply with it. The Ordinance for this govern- 
ment, has placed in the Governor, an absolute negative on 
the bills of the tv/o Houses ; and you request, that it may, 
by me, be converted into a kind of qualified negative. You 
do not, indeed, require that should the objections be thought 
of little weight, your acts may become laws, without the 
Governor's assent. That would have been too directly in 
the face of the Ordinance ; though without it, I must own, 
I cannot see any use in sending the objections to you." 



378 BURNET'S NOTES ON THE 

This, and some other occurrences of a similar character, 
which were manifest deviations from his usual course, not 
easily accounted for, multiplied his opponents very rapidly, 
and rendered it more difficult for his friends to defend and 
sustain him. They also created a state of bad feeling, be- 
tween the legislative and executive branches, and eventu- 
ally terminated in his removal from office, before the expi- 
ration of the Territorial government. 

The Governor was unquestionably a man of superior tal- 
ents, of extensive information, and of great uprightness of 
purpose, as well as suavity of manners. His general course, 
though in the main correct, was in some respects injm-ious to 
his own popularity ; but it was the result of an honest exer- 
cise of his judgment. He not only believed that the power 
he claimed belonged legitimately to the executive, but was 
convinced that the manner in which he exercised it, was im- 
posed on him as a duty, by the Ordinance; and was calcu- 
lated to advance the best interests of the Territory. It was 
admitted, that he placed too high an estimate on the powers 
of his own mind, and on the general correctness of his judg- 
ment; and, though modest and unassuming, in his ordinary 
intercourse with society, he very rarely yielded his opinion 
when deliberately formed; however erroneous it might be 
in the estimation of others. 

He had been accustomed from infancy, to mingle in the 
circles of taste and refinement, and had acquired a polish 
of manners, and a habitual respect for the feelings of others, 
which might be cited as a specimen of genuine politeness. 
It seemed to be his desire, that persons of every grade should 
feel at ease when in his company. And it may be said 
with great truth, that at the time he addressed the first Ter- 
ritorial Legislature, in 1799, he possessed as great, if not a 
greater share of the confidence and respect of the people 
of the Territory, than any other individual residing in it. 

When the proposition to form a State government was 
warmly agitated, and party spirit carried to unusual lengths. 



NORTH-WESTERN TERRITORY. 379 

he expressed himself freely in opposition to the measure : and 
although he did not take an active part in the struggle, yet 
the mere expression of his preference, identified him with 
the party opposed to the change ; and not only so, but the 
influential station he occupied in the community, and the 
probable result of his communications to Congress on the 
subject, rendered him an opponent, greatly to be feared ; 
hence, the most strenuous efforts were made to weaken his 
influence, at home and abroad. To accomplish that pur- 
pose, the foibles and faults of a long life, were collected, ex- 
aggerated, and proclaimed throughout the Territory. False 
constructions were put on the most unexceptionable actions 
of his life. Ridicule, as well as falsehood, was employed 
against him, to such an extent, that strangers to his true 
character, might naturally conclude, that he possessed 
neither talent nor integrity. The free use he had made of 
the veto power, and the collisions which had occasionally 
taken place between him and the Legislature, though their 
intercourse had generally been harmonious and agreeable, 
were urged against him with great effect. 

It was believed by every person, who witnessed the 
change of treatment, received by the Governor, from the 
advocates of a State Constitution, before and after the 
agitation of that subject commenced, and who had noted 
the circumstances attending it, that his opposition to their 
project was the chief ground of their opposition to him; 
and that, if he had united with them on that question, the 
differences of opinion, and the occasional collisions which 
had occurred during his administration, would have been 
forgotten, or remembered, only, as unimportant errors in 
judgment, not affecting his wisdom, integrity, or patriotism. 
Be that as it may, one thing is very certain ; that, as the 
discussion of that project progressed, his supporters were 
fast deserting him, and before it closed, a majority of the 
persons who had been his friends and admirers, were asso- 



380 BURNET'S NOTES ON THE 

ciated with his most active opponents, and seemed to have 
forgotten that they had ever believed him to possess a sin- 
gle virtue. 

The efforts made to injure his character, and weaken his 
influence, were attributed by himself and his friends, to un- 
worthy motives. Some alledged that the hostility of his 
opponents proceeded from a belief, that it was necessary to 
prostrate him, to accomplish their own political views. But 
on a calm review of those party conflicts, after a lapse of 
more than half a century, many circumstances, over which 
the mantle of oblivion has been thrown, might be uncover- 
ed, which would account for the conduct of the leaders of 
both parties, without ascribing to them more of self-interest, 
or less of honesty of purpose, than falls to the lot of those 
who are now called consistent politicians. Some part of 
the Governor's conduct was condemned by his best friends, 
and was well calculated to excite a warmth of feeling in 
his opponents, which might have led upright men beyond 
the limits of moderation, and even of justice. 

An attentive observer of that talented man, could not 
escape the conclusion, that knowledge and prudence are 
not synonymous ; and that talents of a high order, though 
united with integrity of purpose, are not always sufficient 
to guide their possessor in the path of duty or safety. 

The Governor had many fast friends remaining in the 
Territory, who received a full share of the abuse in which 
he participated so largely, and who were not slack in their 
efforts to sustain him; but the most successful defence of 
his character, came from a distant and unexpected quarter. 
Mr. Charles Hammond, a young lawyer of Wheeling, then 
just admitted to the bar of the Territory — unknown to 
fame, and scarcely heard of beyond the little circle in 
which he moved, but whose talents, subsequently, raised 
him to the highest elevation in his profession, and whose 
course of life identified him with the history and politics of 



NORTH-WESTERN TERRITORY. 381 

Ohio, was induced to commence a series of numbers, in 
the Scioto Gazette, published at Chillicothe, in which he 
defended the Governor with great abiUty. 

At the time he engaged in that defence, he had no per- 
sonal acquaintance with the Governor — had never been 
introduced to him, and knew him only as he did other dis- 
tinguished men, from his life, public conduct, and writings. 
The journals of the day, had given him a knowledge of his 
military services, in the French war, and in the war of the 
Revolution, and also of the manner in which the govern- 
ment of the Territory had been administered ; from which 
he had no doubt of the fact, that he was a misrepresented, 
persecuted man. The publication of that defence, placed 
his character and conduct, in a fair point of light — refuted 
the most serious charges alledged against him, and eleva- 
ted the youthful Avriter, to a high stand, in public estima- 
tion. 

Soon after the Governor was removed from ofRce, he re- 
turned to Legonier valley, poor and destitute of the means 
of subsistence; and unfortunately too much disabled, by 
age and infirmity, to embark in any kind of active busi- 
ness. During his administration of the Territorial govern- 
ment, he was induced to make himself personally liable for 
the purchase of a number of pack-horses, and other articles 
necessary to fit out an expedition against the Indians, to 
an amount of some two or three thousand dollars, which 
he was afterwards compelled to pay. Having no use for 
the money at the time, he did not present his claim to the 
government. After he was removed from office, he looked 
to that fund as his dependence for future subsistence ; and, 
under a full expectation of receiving it, he repaired to 
Washington City, and presented his account to the proper 
officer of the Treasury. To his utter surprise and disap- 
pointment, it was rejected, on the mortifying ground, that, 
admitting it to have been originally correct, it was barred 
liy the statute ; and that the time which had elapsed, afford- 



382 BURNET'S NOTES ON THE 

ed the highest presumption, that it had been settled, al- 
though no voucher or memorandum to that effect, could be 
found in the Department. To counteract the alledged pre- 
sumption of payment, the original vouchers, showing the 
purchase, the purpose to which the property was applied, 
and the payment of the money, were exhibited. It was, 
however, still insisted that as the transaction was an old 
one, and had taken place before the burning of the War 
office, in Philadelphia, the lapse of time furnished satisfac- 
tory evidence, that the claim must have been settled, and 
the vouchers destroyed in that conflagration. 

The pride of the old veteran was deeply wounded, by the 
ground on which his claim was refused ; and he was in- 
duced, from that consideration, as well as by the pressure 
of poverty and want, to persevere in his efforts to main- 
tain the justice and equity of his demand ; still hoping that 
presumption would give way to truth. For the purpose of 
getting rid of his solicitations. Congress passed an act, pur- 
porting to be an act for his relief; but which merely remo- 
ved the technical objection, founded on lapse of time, by 
authorising a settlement of his demands, regardless of the 
limitation. This step seemed necessary, to preserve their 
own character; but it left the worn out veteran, still at the 
mercy of the accounting officers of the Department, from 
whom he had nothing to expect, but disappointment. Du- 
ring the same session, a bill was introduced into the House 
of Representatives, granting him an annuity, which was 
rejected on the third reading, by a vote of 48 to 50. 

After spending the principal part of two sessions, in use- 
less efforts, subsisting, during the time, on the bounty of 
his friends, he abandoned the pursuit in despair, and re- 
turned to the Legonier valley, where he lived several years 
in the most abject poverty, in the family of a widowed 
daughter, as destitute as himself. At length, Pennsylvania, 
his adopted state, from considerations of personal respect, 
and gratitude for past services, as well as from a laudable 



NORTH-WESTERN TERRITORY- 383 

feeling of State pride, settled on him an annuity of three 
hundred dollars, which was soon after raised to six hundred 
and fifty dollars. That act of beneficence gave to the gal- 
lant old soldier a comfortable subsistence, for the little 
remnant of his days, which then remained. The honor re- 
sulting to the State, from that step, was very much en- 
hanced, by the fact, that the individual on whom their 
bounty was bestowed, was a foreigner, and was known to 
be a warm opponent, in politics, to the great majority of 
the Legislature and their constituents. 

He lived, however, but a short time, to enjoy the bounty. 
On the 31st of August, 1818, that venerable officer of the 
Revolution, after a long, brilliant, and useful life, died of 
an injury occasioned by the running away of his horse, 
near Greensburgh, in the eighty-fourth year of his age; and 
it is somewhat remarkable, that on the 18th of the succeed- 
ing month, his widow, who had been many years afflicted, 
partially, with mental derangement, died suddenly, at about 
the same age. 

It had been the lot of that highly distinguished man, 
from the commencement of his military career in Amer- 
ica, till he retired from the office of Governor of the North- 
western Territory, to maintain a constant intercourse with 
the Indian tribes, sometimes as an enemy in war, but more 
frequently as a friend and counsellor in peace. He had 
learnt their character in the days of their greatest power 
and purity, and was, therefore, uniformly the friend of that 
unfortunate, oppressed people. 



CHAPTER XXI. 

Character of the North-western Indians. — Misrepresentations refuted. — Their 
intercourse with the white people. — Its contaminating influence. — Their 
degeneracy. — Their final expulsion from the land of their nativity. 

It is stated in a former chapter that a memorial was sent 
to the Legislature of the North-western Territory, by Gov- 
ernor St. Clair, at the instance of the missionaries of the 
church of the United Brethren, (Moravians,) who had formed 
establishments, under the authority of Congress, at ShoBn- 
brun, Gnadenhutten, and Salem, on the Tuscarawas branch 
of the Muskingum river; on which a law was passed, to pre- 
vent the introduction of ardent spirits into those towns. It 
was also stated that, for a short time, the law produced a 
good effect; but that, as the white population increased, 
and approached nearer to the villages, it was found impos- 
sible, any longer, to carry it into execution. The result 
was, that the Indians became habitually intemperate, idle, 
and faithless ; the missionaries lost all their influence over 
them ; and eventually were constrained to abandon the set- 
tlements in despair. 

What a contrast between this picture and that which was 
presented to the pioneers, when they first visited the coun- 
try. The natives who then occupied it, were untaught and 
unpolished; but they were brave and generous. The art 
of war had been their study. The chase constituted their 
business and amusement, and furnished the food on which 
they subsisted. The warriors were too proud to labor, and 
imposed that drudgery on their women, as is the custom 
of all nations, in which Christianity is not taught and prac- 



NORTH-WESTERN TERRITORY. 385 

ticed. They claimed the entire country, alledging that it 
had been made by the Great Spirit for them and their chil- 
dren forever. 

Being unconscious of danger, they met and greeted the 
pioneers as friends, when they first crossed the river and 
entered their territory; and they continued to treat them 
as such, till they began to apprehend hostile designs against 
themselves and their country; suspicions of which were 
instilled into their minds by British traders, very soon after 
the American settlements began. These children of the 
forest had some vague notions of a Deity, to whom they 
were responsible. They had a confused, undefined belief, 
in a future state of existence. They had a general im- 
pression, that after death, the Great Spirit would send them 
to some pleasant region, abounding with game, and fish, 
and fruit. That they would carry with them their rifles 
and their dogs, and enjoy the same gratifications they had 
been accustomed to in this life ; but in a higher degree of 
perfection. With such crude notions as these, they lived 
and died, ignorant of any correct knowledge of the duties 
they owed to their Maker, and to their fellow men. 

That unfortunate race, who seem to have been destined 
by Providence to utter extinction, have been misrepre- 
sented and slandered, no doubt to palliate the guilt of 
the outrages which have been perpetrated against them. 
Among other falsehoods, it has been asserted, confidently, 
but without a shadow of argument or fact, to sustain the 
assertion, that they cannot be brought to a state of civiliza- 
tion, or be induced to form communities, and engage in the 
pursuits of agriculture and the arts, in consequence of some 
physical difference between them and the Anglo-Saxon 
race. This hypothesis is contradicted by experience, 
which has abundantly shown, that the two races, when 
placed in the same situation, and acted on by the same 
causes, have invariably resorted to the same expedients, 
and pursued the same policy. 
25 



386 BURNET'S NOTES ON THE 

This averment is sustained by a reference to the white 
people, who have been taken prisoners in childhood, and 
brought up among the Indians. In every such case, the 
child of civilization has become the ferocious adult of the 
forest, manifesting all the peculiarities, tastes and prefer- 
ences of the native Indian. His manners, habits, propensi- 
ties, and pursuits have been the same ; his fondness for the 
chase, and his reluctance to labor, the same; so that the 
most astute philosophical observer has not been able to 
discover any difference between them, except in the color 
of the skin; and in some instances even this distinction 
has been removed by long exposure to the elements, and 
the free use of oils and paints. There have been cases in 
which the children of white parents, who have been raised 
among the Indians from early infancy, have been taken 
home to their relatives in middle life, but have refused to 
remain, and have returned to the tribe in which they were 
brought up, whose habits, feelings, and mode of life they 
preferred. 

One case of this kind occurred within the knowledge of 
the writer. A female, captured in infancy, and reared by 
the Indians, was brought in by them at the treaty of Green- 
ville, and sent home to her relations in Kentucky. She 
soon became so discontented and restless, that in spite of 
all their efforts, she left them, returned to her former asso- 
ciates, and was again happy. 

The attempts that have been made, at different times, to 
improve the minds and cultivate the morals of these peo- 
ple, have always been attended with success. Witness the 
Cherokees of Georgia, and the Wyandots, at Upper San- 
dusky. From 1821 to 1828, inclusive, the writer of these 
sketches passed through the latter settlement, almost every 
year, and occasionally twice a year, which gave him an 
opportunity to know, that they were devoting themselves 
principally, and almost exclusively, to agriculture and the 
arts ; and were making rapid advances in civilization, when 



NORTH-WESTERN TERRITORY. ^Qf 

the policy of government compelled them to abandon their 
farms, dispose of their stock and other property, at a great 
sacrifice, and migrate to the "Far West." 

The imaginary physical difference, pretended to exist be- 
tween the Europeans and the natives of this continent, van- 
ishes at once, on an unprejudiced comparison between the 
civilized white man, and the civilized, educated Indian. In 
what respects, it maybe asked, have Ross, Boudinot, Hicks, 
Ridge, and others, differed from the educated men of our 
own race? Their moral sense is the same — they manifest 
the same taste ; — their preferences and dislikes — their hab- 
its and manners are the same : and their reasoning powers 
are equally strong and active. Inasmuch, then, as the re- 
claimed, educated Indian, becomes assimilated to the white 
man ; and the European brought up from infancy among 
the Indians, becomes identified with them, this alledged 
difference cannot be real, — it must be imaginary. 

The fact is, the difficulty of civilizing the natives of this 
continent, is neither greater nor less, than that which retar- 
ded the improvement of the barbarous nations of Europe, 
two thousand years ago. Human nature, under the same 
circumstances is, has been, and will be the same, in all ages 
and countries. Men, uncivilized, have always had a propen- 
sity to roam — they have delighted in the chase, rather than 
in agriculture ; and both history and experience prove, that 
nothing but necessity, arising from such an increase of po- 
pulation as destroys the game, has induced men to settle in 
communities, and rely on the cultivation of the earth, for 
subsistence. In the progress of civilization, the chase has 
given way to the pastoral state, and that has yielded to 
agriculture, as the increase of numbers has rendered it 
necessary. 

The difficulty of reclaiming the Indians of North America 
from savage life, may be ascribed principally to two causes : 
first, the almost boundless extent of forest and prairie, which 
surround them on all sides, filled with game. Second, the 



ass BURNET'S NOTES ON THE 

facility with which they learn and practice the vices of 
white men; particularly those of intemperance and idle- 
ness. The one invites them to the chase, and sm'persedes 
the necessity of the labor, and the drudgery, which agricul- 
ture imposes : the other unfits them for any employment; 
and especially for judging and deciding, on the policy, best 
calculated to advance their interest, and promote their hap- 
piness. If it were possible to protect them, from those 
vices, till the forest and the river ceased to supply them 
and their increase with food, they would devote themselves 
to agriculture and the arts; in the same manner, as the 
barbarians of other times and other countries, have done. 

Necessity has always been the stimulus, that has urged 
the idler to industry. Without labor, no dense population 
can exist, and in proportion as the number of inhabitants 
in any district of country have increased, industrj^ has also 
increased, and agriculture has been resorted to, from neces- 
sity. As soon as the Cherokees, and the Wyandots, were 
surrounded by a white population, and their territory was 
so contracted as to cut off their dependence on hunting and 
fishing, they became farmers, and manifested a strong 
desire to till the earth, and cultivate the arts; and this 
would have been the choice of the whole Indian race, if the 
policy of government had permitted it. 

It is not just, to consider the natives of this countiy, as a 
distinct, and inferior race ; because they do not generally 
imitate us, when we not only remove every consideration 
that could induce them to do so ; but in fact, render it im- 
possible. What motive of ambition was there, to stimu- 
late them to effort; when they were made to feel, that they 
held their country as tenants at will, liable to be driven off 
at the pleasure of their oppressors? As soon as they were 
brought to a situation in which necessity prompted them to 
industry, and induced them to begin to adopt our manners 
and habits of life, the covetous eye of the white man was 
fixed on their incipient improvements, and they received 



NORTH-WESTERN TERRITORY. 380 

the chilling notice that they must look elsewhere for per- 
manent homes. 

They have also been charged by their enemies with 
treachery ; but a candid examination of their character, be- 
fore they learnt the vices of white men, will show this 
charge to be untrue in the sense in which it is made. It is 
admitted, that it was their practice to use deception against 
their enemies, and that the study of that art, constituted a 
branch of their military education. They always thought it 
honorable to deceive and injure those with whom they were 
at war, by any means in their power; however dishonora- 
ble, in the estimation of civilized nations; but in time of 
peace, the case was otherwise. Then the white man might 
traverse their country — visit their hunting camps and their 
villages without danger of molestation ; for they made it a 
point of honor, to protect the person and the property of 
those who confided in them. These remarks apply to the 
time when they were in name and in fact, independent na- 
tions and undisputed owners of the country they occupied. 
Then they were brave, generous, and kind to their friends ; 
equally prompt to avenge insults and reciprocate favors. 

Another allegation prejudicial to the red men of our con- 
tinent is, that they are cowards; a charge which has arisen 
from the fact, that they were all taught from infancy to 
avoid an exposure of life, in cases where the loss of it 
would not be compensated for, by the object to be gained. 
But this is not an evidence of want of courage ; it is com- 
mendable prudence, dictated by wisdom ; and was in them 
the result of education. So far from being cowards, no 
other people have furnished more cases of imminent ex- 
posure and self-devotion. 

The philanthropist cannot restrain the tear of pity, when 
he learns the progress of intemperance and its destructive 
effects among those unhappy tribes. At the time our set- 
tlements were commencing, north-west of the Ohio, that 
hardy race were its acknowledged owners and sovereigns. 



390 BURNET'S NOTES ON THE 

The government claimed no right, either of occupancy or 
soil, but as they obtained it by purchase.* The entire 
country from Pennsylvania to the Mississippi, wsls admitted 
to be theirs, and a more delightful fertile valley cannot be 
found on the earth. The early adventurers from the 
United States, to this valley, found it filled with tribes 
of happy people, uncontaminated by the vices that pre- 
vail in civilized life, enjoying all the comforts and lux- 
uries which they supposed the world afforded. Their for- 
ests and prairies were filled with game, and their rivers 
and lakes abounded with fish. They were contented with 
their condition, and thankful to the Great Spirit for the rich 
abundance with which he supplied their daily wants. 

Unconscious of the ruinous consequences that were to 
follow their intimacy with white men, they ceded to the 
American government large and valuable portions of their 
country at nominal prices. Those lands were rapidly set- 
tled by Americans, in whose purity and friendship the un- 
suspecting natives had great confidence; nor did they 
awake from that delusion, till their habits of sobriety and 
morality had been undermined, by the unprincipled white 
men with whom they associated ; and until the vices en- 
gendered by intemperance and idleness had contaminated 
every tribe. 

The consequences of this degeneracy very soon termi- 
nated in their ruin. The hunting excursion ceased to be 
pleasurable ; the labor of raising their usual crops of corn 
and beans became a drudgery ; and their chief delight was 
in the excitement produced by ardent spirits. The conse- 
quence was, that their subsistence became precarious; they 
often sufiered for food; their health declined; they raised 

* In proof of this assertion the reader is referred to a communication made 
to the North-western Indians on the 31st of July, 1793, by the Commissioners 
of the United States, at the house of Captain Elliott, near the mouth of De- 
troit river; an extract from which will be found in the seventh chapter of this 
book. 



NORTH-WESTERN TERRITORY. 391 

but few of their children; their self-respect, their dignity of 
character, and the heroism inherited from their ancestors, 
were lost. The ravages of intemperance and its kindred 
vices, reduced their numbers, and scattered their tribes. 
They became, in their own estimation, a degraded, de- 
pendent race. The government, availing itself of their 
weakness and want of energy, succeeded, by bribes and 
menaces, in obtaining the best portions of their country, 
and eventually in driving them from the land of their birth, 
to a distant home, in an unknown region. 

This distressing chapter of aboriginal history began at 
the treaty of Greenville, in 1795, and terminated in less 
than fifty years. The writer of these notes witnessed its 
commencement, progress, and close. Prior to that treaty, 
there had been no friendly intercourse between the Indians 
and the white men of the United States, in consequence of 
the war which existed between them. That intercourse 
and its destructive consequences began immediately after 
the restoration of peace. Until that time, the natives were 
numerous, powerful, and uncontaminated. 

The yearly joiu-neys of the writer, to attend the General 
Court of the Territory at Detroit, made it necessary to go 
through some of their villages, and convenient to visit oth- 
ers, and often led him to their hunting camps, which gave 
him many opportunities of seeing them in their villages 
and on their hunting excursions, and of becoming personally 
acquainted with some of their principal chiefs and warriors. 
At that time, their hospitality was limited only by their 
means of indulging it. The corrupting influence of their 
new associates was just commencing, and had made but 
little progress. They retained the distinctive marks of 
their national character. Their deportment showed that 
they felt conscious of their strength. 

In their general intercourse with white people, their man- 
ners and deportment manifested their consciousness of 
equality. They had lost nothing of the self-confidence. 



392 BURNET'S NOTES ON THE 

which they possessed, when the national and state govern- 
ments admitted their independence, and met them in coun- 
cil as equals and friends. They were, however, uncon- 
scious of their comparative numerical weakness, and of the 
corrupting influence of their new associates. In a few 
short years their eyes were opened — their delusion van- 
ished, and their last hopes sunk in despair. 

It would be unjust to form an opinion of the original in- 
habitants of this country, by a reference to their descend- 
ants, of the present day. In the short period of half a 
century, they have been so changed, that scarcely a trace 
remains of what they were, when their country was first 
entered by the pioneers of our race; an event which sealed 
their destiny. 

In journeying, more recently, through the State, the wri- 
ter has occasionally passed over the ground, on which, 
many years before, he had seen Indian towns filled with 
families of that devoted race, contented and happy; but 
he could not perceive the slightest trace of those villages, 
or the people who had occupied them. All the settlements 
through which he passed on the Maumee and the Auglaize, 
from Fort Wayne to Defiance, and from thence to the foot 
of the Rapids, had been broken up and deserted. The 
battle-ground of General Wayne, which he had often seen, 
in the rude state in which it was, when the action of 1794 
was fought, was so changed in its appearance, that he 
could not recognize it, and not an indication remained, of 
the many populous Indian villages, he had formerly seen, 
extending many miles on either side of the river. Flour- 
ishing towns, and fields cultivated by white men, covered 
the ground, which, thirty years before, was the property 
and the home of the natives of the forest. 

The contrast was striking; and excited a train of un- 
pleasant recollections. It was a natural enquiry, " Where 
are the multitudes of red people, who were formerly seen 
here, amusing themselves on these Rapids, taking the swift 



NORTH-WESTERN TERRITORY. 393 

muskelunge, with their bo\vs and arrows?" They were 
then independent and undisturbed owners of the country, 
which had descended to them through a long line of heroic 
ancestors, and which they expected their children would 
continue to possess, when they were gone. 

It was far from their thoughts, that in a few years they 
would be expelled from those homes, and driven to herd 
with strangers, in a strange land. They did not expect to 
hear, so soon, the same chilling salutation, which was ad- 
dressed to the eloquent bard of Mantua, by the Roman sol- 
dier, to whom his paternal villa had been allotted, by the 
agrarian laws of Italy. 

" Hcec mea sunt; veteres migrate coloni." 

The final catastrophe of that noble race, was witnessed 
by the people of Cincinnati, a few years since, when the 
remnant of the Wyandots, the last of the braves of the 
Ohio tribes* — "relliquias Danaum atque immitis AcMllei" — 
arrived at the landing, and ascended the steam ships that 
were to convey them from the places of their nativity, into 
hopeless banishment. To the eye of the humane observer, 
they seemed to linger, and turn to the north, as if to bid a 
last farewell, to the tombs in which they had deposited the 
remains of their deceased children, and in which the bones 
of their fathers had been accumulating and mouldering for 
untold ages. 

« » « tc Qnis talia fando 
Myrmidonum, Dolopumve, aut duri miles Ulyssei 
Temper et a lachrymis?" 

* Since this article was written, a remnant of the Miami tribe, who had 
been suffered to remain on a reservation, made by treaty in their favor, in the 
State of Indiana, but since relinquished to the United States, have been com- 
pelled to remove. During the month of October, 1846, they arrived at Cin- 
cinnati, about seventy in number, including women and children, and em- 
barked on a steamboat, bound to St. Louis, on their way to the Far West. 



CHAPTER XXII. 

Early land laws injudicious. — Sold in very large tracts. — Few purchasers. — 
Settlement of the country retarded. — Laws modified. — Sales in small tracts. 
— Population multiplied. — State improvements advanced. — Commerce of lit- 
tle value for want of a market. — Produce of the country consumed in the 
expense of transportation. — Miami Exporting Company got up. — Its objects. 
— Introduction of barges. — Schemes to improve the navigation of the Falls- 
— Canal attempted on the Indiana side. — Operations of the Branch Bank of 
the United States at Cincinnati. — Tyrannical proceedings of the Agent of 
the parent Board. — Immense sacrifice of private property. 

The plan originally adopted by Congress, for the sale of 
their land in the Western Territory, was injudicious, and 
calculated to defeat its own object. The first ordinance 
passed for that purpose, proposed to sell it in tracts of 
two millions of acres ; the second, in smaller tracts of one 
million. Under that ordinance, the contract of the Ohio 
Company, on the Muskingum, and that of Judge Symmes 
and his associates, between the Miamies, were made ; the 
former for two millions, the latter for one million of acres. 
By a subsequent ordinance, passed in May, 1785, seven 
ranges of townships, of five miles square, were surveyed 
on the Ohio river, and the Pennsylvania line, which were 
divided and offered for sale, in quarter townships; first at 
Pittsburgh, and afterwards in Philadelphia. 

In May, 1796, an act was passed, calculated, in a small 
degree, to accommodate the people, and accomplish the 
object of Congress. That law directed the Surveyor Gen- 
eral to cause the public lands to be divided into townships 
of six miles square ; and one-half of those townships, taking 
them alternately, to be divided into sections of one mile 



NORTH-WESTERN TERRITORY. 395 

square, and the residue into quarter townships of three 
miles square. 

In the year 1800, another law was passed, ordering a 
portion of these lands to be sub-divided, and sold in half 
sections, of three hundred and twenty acres. When this 
law came into operation. Land Offices were established at 
Cincinnati, Chillicothe, Marietta, and Steubenville, and a 
large quantity of the richest and most productive soil was 
brought into market. The character and value of Western 
lands, and the mildness and salubrity of the climate, were 
then becoming generally known, and understood. A per- 
manent peace with the Indian tribes had been established, 
and public attention, throughout the Atlantic States, had 
been directed to the Ohio. 

Anterior to that time, the tracts of land, offered for sale 
by the government, were so large, that men of limited 
means were unable to purchase. The scheme which had 
been established, was better calculated to meet the views 
of speculators, and advance their interest, than it was to 
relieve the poor, industrious laborer, who by the decree of 
the Fates was compelled to eat his bread in the sweat of 
his face. The smallest tract that could be purchased was 
a section, of six hundred and forty acres. A fractional 
section lying on a river, or on the boundary of a separate 
district, containing a smaller quantity than six hundred 
and forty acres, could not be sold, but in connection with 
the adjoining section. 

Although this approximation towards the accommoda- 
tion of the industrious poor was of great importance, yet 
it was not sufficiently so, to advance the settlement of the 
Territory, with much rapidity. But the act passed at a 
subsequent session, which ordered the sections and half 
sections to be subdivided and offered for sale in quarter 
sections, at two dollars per acre, on a credit of five years, 
was of vastly more importance, as it enabled multitudes to 
become freeholders, and independent cultivators of their 



396 BURNET'S NOTES ON THE 

own domain, who, otherwise, must have been hirelings to 
the wealthy, or have swelled the ranks of the idle and the 
dissipated. It also encouraged and increased emigration 
to the western country. 

Under these meliorations of the rigor of the land system, 
large portions of the most fertile soil in the Territory, 
which, until then, had been placed beyond the reach of the 
most numerous class of emigrants, were offered for sale on 
such easy terms, that purchasers flocked to the country from 
every part of the Union ; and from that time the Miami set- 
tlements, in common with other portions of the eastern dis- 
trict, began to populate rapidly; so that, in less than three 
years thereafter, a Convention was in session, forming a 
Constitution for the State of Ohio. The rapidity with 
which the Territory was settled and improved, from that 
period, has perhaps never been equalled, in any age or 
country, 

One'of the greatest embarrassments, under which the peo- 
ple of the West labored at that early period, arose from the 
difficulty of conveying their products to market, and of pro- 
curing such foreign articles in return as were required for use 
and comfort. No artificial roads had been made ; canals had 
not been thought of; the natural impediments in the rivers 
of the country, rendered their navigation difficult and haz- 
ardous at all times ; always tedious, and often impractica- 
ble ; and when the water was at its most favorable stage, 
the distance of the principal market, the imperfect means 
of transportation, and the low price of produce were such, 
that a large portion of the avails of a cargo was consumed 
by the expense of taking it to market. The only water- 
craft in use were pirogues, flat-boats and keel-boats, moved 
by oars and setting-poles — " ratem conto subigit.^^ The ave- 
rage time required to make a trip to New Orleans and 
back to Cincinnati, was six months. The craft made use 
of were necessarily small, and the cargoes proportionably 
light ; and when they arrived at New Orleans in flat-boats, 



NORTH-WESTERN TERRITORY. 397 

which could not be taken back, the boats were abandoned, 
and the hands returned by land, most generally on foot, 
through a wilderness inhabited by Indians, of seven or eight 
hundred miles. Pirogues and keel-boats returned loaded 
with such articles as the market of New Orleans afforded. 
Under such disadvantages, the commerce of the country was 
nominal, and nothing but necessity prompted the inhabi- 
tants to engage in it. The farmer had no motive to in- 
crease the product of his fields, beyond the wants of his 
family, and of emigrants, or " new comers," as they were 
called, who might settle in his immediate neighborhood. 

For many years, these emigrants created the only de- 
mand which existed in the interior settlements, for the sur- 
plus products of agriculture. Corn and oats rarely com- 
manded more than ten or twelve cents per bushel; they 
were frequently purchased at eight cents, and wheat from 
thirty to forty cents. The average price of good beef was 
one dollar and fifty cents per hundred, and pork sold from 
one to two dollars, according to quality. At such prices it 
is evident, that following the plough was not the road to 
wealth; and yet the farmers lived independently, and en- 
joyed as much real comfort as they have at any period 
since. They were content with the plain healthful food 
produced by their own hands, and the simple, comfortable 
dress they were enabled to acquire. On every farm was 
to be seen a small flock of sheep, and, generally, a patch 
of flax, and in the cabin always a spinning wheel, and 
occasionally a loom. They did not crave luxury or show, 
because they were not enjoyed by their neighbors; and 
they were content to live and appear in the same style, as 
others did with whom they associated. But those days of 
simplicity have passed away ; and it is for the moralist to 
decide whether the change be for the better or the worse. 

During this period of depression, when the produce of 
the country would not defray the expense of transporta- 
tion to a distant market, the project of the Miami Export- 



398 BURNET'S NOTES ON THE 

ing Company was got up. The plan was first suggested 
by Mr. Jesse Hunt, an experienced merchant and pioneer. 
For the purpose of eliciting information, he proposed the 
question to the merchants of Cincinnati, and the farmers of 
the neighborhood, whether a plan could not be devised, 
which, with the aid of corporate powers, would enable 
them to make such arrangements, as would put it in their 
power to reduce the difficulty and expense of transporta- 
tion; so far as to make it an object to collect the produce 
of the country, and ship it to New Orleans. The enquiry 
resulted in a general belief, that a scheme could be devised 
for that purpose, and successfully executed. As soon as it 
was ascertained that this was the prevailing opinion, and 
that the farmers were disposed to join the association, Mr. 
Hunt, with the aid of some friends, drafted the plan of a 
charter, and submitted it to the consideration of those with 
whom he had consulted. 

Although there was a strong hope, that the plan would 
succeed, and the interesting purpose of the association be 
accomplished, yet there was some doubt on the subject; in 
consequence of which the provision was introduced, on 
which the banking powers of the company were founded; 
with a distinct understanding, that if, after a fair experi- 
ment, it should be ascertained that the shipment of produce 
could not be successfully carried on, the capital might be 
employed in banking operations. The experiment was 
fairly made, and proved to be a failure. 

When the charter was before the Legislature, there was 
no motive for concealing the intention of the company, in 
case their first and main object should fail. At that time, 
there was not a bank in the country; no prejudice existed 
against such an institution ; it was not believed, that a cash 
capital could be raised, sufficient to constitute one; and 
there was no reason to think, that if a bank charter had 
been asked for, it would have been denied. It was the 
opinion of many that the exporting plan would fail; and 



NORTH-WESTERN TERRITORY. 399 

that a sufRcient amount of money could not be raised, to 
render a bank either useful to the countrj^, or profitable to 
the owners. The charge of concealment and deception, 
made against the persons who got up the institution, was 
without foundation. There was no motive for concealment, 
as it was evident that the first object of the company was 
the shipment of the products of the country. 

At the time the association was formed, the agriculture 
and commerce of the West, were at the lowest point of 
depression. Those who looked forward to the future, and 
attempted to calculate for time to come, from what they 
then saw, were of opinion that the valley of the Ohio, rich 
as it was in the materials of commerce and wealth, would 
not be more valuable in the possession of its civilized own- 
ers, than it had been, when it was the hunting ground of 
the aborigines, unless a plan could be devised, to facilitate 
the exportation of its products. It was of no importance 
to the farmer, that his fields, with careful cultivation, would 
yield from fifty to a hundred bushels of corn per acre, 
when a fourth part of that quantity would answer his pur- 
pose ; there being no market for a surplus. 

The inhabitants of the country, in 1803, v.hen the Miami 
Exporting Company was organised, may discover the rea- 
sons why it was got up, and sanctioned by the Legislature, 
without looking beyond the objects, expressed in the char- 
ter. The great improvements efiected in the business fa- 
cilities of the country, since that period, by the construction 
of roads, bridges, and canals — by the improvement of river 
and lake navigation, and above all, by the successful ap- 
plication of steam power to manufacturing, traveling, and 
commercial purposes, have driven from memory the diffi- 
culties and embarrassments of primitive times, and given 
the appearance of fable, to the most faithful description of 
facts, as they existed before, and for some years after, the 
formation of the State government. 

The first improvement in the navigation of the West, 



400 BURNET'S NOTES ON THE 

and in her commercial operations, was the introduction of 
barges, moved by sails, when the wind permitted, and at 
other times, by oars and setting-poles, as the state of the 
water might require. These vessels were constructed to 
carry from fifty to a hundred tons. In wet seasons, if pro- 
perly manned, they could make two trips, between Cincin- 
nati and Xew Orleans, in a year. The increased quantity 
of cargo they carried, reduced the price of freight, and en- 
abled them to transport, from New Orleans to Cincinnati, 
at from five to six dollars per hundred, which was below 
the average charge of carriage across the mountains. 

From that time, most of the groceries, and other import- 
ed articles used in the Territor}', were brought up the river, 
by those barges ; and as the price of freight was diminish- 
ed, the quantity of produce shipped was proportion ably in- 
creased. The introduction of this mode of navigating the 
Ohio and Mississippi, was an epoch in the history of the 
West. It was viewed as an improvement, destined to ad- 
vance both her commercial and agricultural interests. The 
project was suggested and carried into operation, by two 
commercial houses in Cincinnati, Messrs. Baum d: Perry, 
and Messrs. Riddle, Bechtle &, Co. The vessels which they 
constructed, were well adapted to the purpose, for which 
they were designed, and continued in use, till the introduc- 
tion of steamboats, about the year 1817. 

Since that time, the people of Ohio seem to have forgot- 
ten the fact, that they are situated, from fifteen hundred to 
two thousand miles, by water communication, from any 
port on the Atlantic coast; and have ascertained, experi- 
mentally, that the superior fertility of their soil, and the 
great facility of cultivating it, yield a full equivalent for the 
difierence of situation. 

As the settlements and business of the valley of the Ohio 
increased, the danger, delay, and expense of passing the 
falls of that river, became a subject of general solicitude. 
The impediment they created in the great highway of west- 



NORTH-WESTERN TERRITORY. 401 

ern commerce, and the faint hope there was, of its 
being removed in any reasonable period, detracted very 
much from w^hat would otherwise have been the estimated 
value of the country. 

Men of intelligence and enterprise, who were engaged 
in the river trade at Pittsburgh, Cincinnati, and interme- 
diate towns, having been subjected to the inconvenience 
and expense, caused by that obstruction, from the first set- 
tlement of the country, began to discuss the question, 
whether the difficulty could not be removed. Estimates 
were made of the probable cost of such an undertaking; 
and also of the loss to which the commerce of the river 
was subjected, in consequence of the impediment. Among 
others, William Noble, one of the early settlers, and most 
enterprising merchants of Cincinnati, directed his attention 
to the subject, and took great pains to ascertain the ex- 
pense which it occasioned. He found, at that early day, 
when the commerce of the West was in its infancy, that 
the loss sustained by traders residing above the falls, 
amounted in one year, to eighty thousand dollars, inclu- 
ding storage, drayage, cooperage, commissions, and the 
wages of hands during the delay. 

This and similar estimates excited general attention, and 
the public mind became alive to the subject. Various pro- 
jects were proposed and discussed. Calculations were 
made by different individuals; and public feeling seemed 
to indicate that something would be done without delay. 
It was ascertained, that the fall in the bed of the river, 
opposite Louisville, did not exceed the average of the fall 
from Pittsburg to the Mississippi, and that the obstruction 
was occasioned by a dam of rock, passing across the river, 
and extending some distance into the country, on either 
side. This gave rise to a project for opening the channel, 
by blowing and removing the rock ; but it was found, that 
the expense of that plan would be enormous, if it were 
practicable. It was also found, that by opening a passage 
26 



402 BURNET'S NOTES ON THE 

sufficiently wide for boats to pass, the power of the current 
would be so increased, as to render the descent extremely 
dangerous, and the ascent impracticable. It was therefore 
abandoned, and public attention was directed to the expe- 
diency of attempting a canal. 

The State of Indiana was anxious to remove the impedi- 
ment, which affected her own citizens, in common with all 
others ; and having the jurisdiction on the river, concurrent 
with Kentucky, secured by the compact with the common- 
wealth of Virginia, she incorporated a company in 1817, 
to construct a canal of sufficient dimensions, to pass the 
largest boats then navigating the river. The board of 
directors, named in the act, to carry on the work, employed 
Mr. Flint, a native of Ireland, who was an accomplished 
engineer, and had been, for some years, attached to a corps 
of civil engineers, in the service of Napoleon. 

After he had examined the ground at the Rapids, with a 
scientific eye, on both sides of the river, and taken the 
necessary levels, and made such examinations and calcu- 
lations as were necessary for the purpose ; he selected the 
Indiana side as the most preferable. In his report, he 
pointed out the difficulties, which have since been found to 
exist on the Louisville side ; and assigned the reasons why 
they would occur, if the canal should be constructed at that 
place. He made his calculations with care, and stated, 
that a canal on the southern side of the river, would cost a 
larger sum of money, than it would on the northern ; and 
that, when finished, it would, in certain stages of water, be 
difficult and hazardous for descending boats to enter it. He 
also stated reasons why the canal would be liable to be ob- 
structed by deposits of mud and sand. After these calcu- 
lations and reports had been made, the canal was located 
from the mouth of a ravine in Jeffersonville, to the foot of 
the Falls. 

It is an important fact, in reference to this subject, that 
in the rear of Jeffersonville, and contiguous to the river, 



NORTH-WESTERN TERRITORY. 403 

there were two or tliree large ponds, which, at that period, 
were almost constantly full of water ; from which, in wet 
seasons, a considerable stream ran into the river. They 
were on ground so high, that the water could be taken from 
them to the Ohio, either above or below the Falls. It was 
a part of Mr. Flint's plan, to excavate the canal down to 
the rock, by the agency of those ponds. For that purpose, 
a dam was erected, at an expense of fifteen hundred dol- 
lars, to turn the water from its natural channel, and lead it 
into a small ditch, cut on the line of the canal. 

The experiment was successfully made, and in a few 
Aveeks, an immense quantity of earth was washed out, 
through the ravine, into the river, at the head of the Falls. 
It was the opinion of the board, that the experiment would 
succeed, to the full extent of their calculation; but unfor- 
tunately, the dam which had been constructed, gave way, 
suddenly, but not until the efficiency of the plan had been 
fairly tested. Suspicions were entertained, that a breach 
had been made in the night by some persons inimical to 
the project, sufficiently large for the water to complete the 
work of destruction, before morning. 

During this time, the people of Louisville obtained a 
charter from the Legislature of Kentucky, to construct a 
canal on their side of the river. Estimates were made of 
the cost of the work, very much below those of Mr. Flint, 
and below what has since been found to be correct. Large 
subscriptions, many of them fictitious, were obtained, and 
efforts made to induce a general belief, that the work would 
be completed, without delay. The subscribers under the 
Indiana charter became alarmed at the idea of a compe- 
tition which might prevent the completion of either of the 
canals ; or if not, might destroy all hope of profit from their 
investments. The consequence was a refusal to pay the 
instalments due on their stock, and the work from neces- 
sity was brought to a close. 

Had the dam stood a few months, (the wet season having 



404 BURNET'S NOTES ON THE 

just commenced, at the time of its failure,) the operation of 
the water would have satisfied the most sceptical of the 
practicability of the undertaking, and would have accom- 
plished such an amount of excavation as would have in- 
sured the completion of the work. 

William Noble and J. Burnet, of Cincinnati, were ap- 
pointed, by the law of Indiana, two of the commissioners 
for carrying it into effect. Those gentlemen, feeling an 
interest in every effort to improve the condition of the 
country, and increase the facilities of its commerce, accept- 
ed the trust, and engaged in the enterprise, and expended 
six or seven hundred dollars of their private funds before 
the work was abandoned. 

For the purpose of raising means in aid of the project, 
the charter authorised the board to project, and carry 
through a lottery. Under that power, a scheme was de- 
vised, tickets were printed, and placed in the hands of 
agents for sale. The undertaking, however, did not suc- 
ceed. Some of the money received for tickets, was ex- 
pended on the work, but much the larger portion of it was 
lost, by the infidelity or insolvency of the agents ; in conse- 
quence of which, the lottery was not drawn ; and the whole 
amount paid for tickets was a loss to the purchasers. 

In anticipation of the instalments to become due on the 
subscription, the board borrowed money, at different times, 
to an amount of fifteen hundred or two thousand dollars ; 
for which individual members became liable as indorsers, 
and were afterwards obliged to take the notes up, without 
any recourse for indemnity. 

At a meeting of the board at Jeffersonville, in the fall of 
1819, they had an opportunity of seeing the bed of the 
river, on the Falls, at the lowest stage of water which had 
occurred from the earliest settlement of the country. All 
the water of the river passed down the Falls, through a 
channel in the bed of the rock, not more than twenty-four 
feet wide ; which was divided in the centre by a ledge of 



NORTH-WESTERN TERRITORY. 405 

rock about a foot wide, extending the whole length of the 
channel, having very much the appearance of masonry; so 
that with a couple of twelve feet plank, the river could 
have been crossed dry shod. 

The channel had very much the appearance of two con- 
tiguous canals, excavated in the rock, with perpendicular 
sides, separated by a stone wall, having here and there a 
stone broken out. These openings were at different dis- 
tances from each other, and formed communications be- 
tween the channels. The regularity of the excavation, 
gave it the appearance of being artificial. It extended 
about a third part of the distance from the head to the foot 
of the Falls. 

The momentum of the water, which appeared to the eye 
not to be more than two feet deep, was astonishing. Sev- 
eral attempts were made with a hickory handspike, to as- 
certain its depth; but there was not a person in the com- 
pany, who could force it into the water, more than one 
foot, before it was thrown to the surface, by the power of 
the current. The day before, a person, supposed to be in- 
toxicated, was drowned in an attempt to cross ; and on the 
day following, his body was found below the Falls, very 
much bruised. The stream being confined to so narrow a 
channel, and passing over a fall of seven or eight feet to 
the mile, exposed to the eye the entire bed of the river, 
from one shore to the other, and presented a view more 
interesting than can be described. 

The rocks over which the water passed, at a medium 
stage, and which formed the most dangerous obstruction to 
the navigation, were entirely bare. They were connected 
with the lower part of the island, and passed in a curvili- 
near form, about three-fourths of the way, from the island 
to the Indiana shore, extending down stream, at an angle 
of about forty-five degrees with the river bank. The bed 
of the stream was covered with a great variety of petri- 
factions ; among them was the trunk of a large tree, com- 



406 BURNET'S NOTES ON THE 

pletely potrified, portions of which were severed, and, with 
otlier interesting specimens, collected at tlie same time> 
were brought to Cincinnati, and deposited in the museum. 

The information obtained at that time, was of great im- 
portance to the pilots of the place, who had an opportunity 
of ascertaining the precise situation and magnitude of the 
obstructions in the channel ; and of discovering what por- 
tions of the river bed were smooth and free from impedi- 
ment; and also to ascertain the elevations and depressions 
in the surface of the bottom, by which they might know 
where the greatest depth of water was to be found, as well 
as the position of the impediments. Such another oppor- 
tunity has never been afforded since the settlement of the 
country began. 

In 1811, when the charter of the Bank of the United 
States, established under the auspices of President Wash- 
ington, was about to expire, an application was made to 
Congress, on behalf of the company, to have it renewed. 
Similar applications were made by the people, in different 
parts of the country, setting forth the necessity of such an 
institution, as well for the commerce of the country, as for 
the fiscal concerns of the government. The application, 
however, was rejected by the politicians who then con- 
trolled the destinies of the nation. 

In 181t), when the subject was again brought before 
Congress, most of those who had opposed the application 
in 1811, either on the ground of inexpediency, or of consti- 
tutional scruples, had become satisfied that such an insti- 
tution was necessary for the collection, safe keeping, and 
disbursement, of the public revenue, and was therefore 
constitutional. They had also seen the consequences of 
relying on State institutions, for supplying the country with 
a circulating medium. They knew that the notes of the 
local banks were then greatly depreciated — that many of 
them had failed — that public confidence was, in a great 
degree, withdra\\Ti from them all — that no person felt 



NORTH-WESTERN TERRITORY. 407 

entirely safe, in receiving their paper, and that such was 
the derangement of the finances of the Union, in conse- 
quence of it, that the Treasury had noting to offer in pay- 
nrient of its liabilities but that depreciated currency. Mem- 
bers of Congress, who could not conveniently return home 
without their pay, were compelled to receive that wretched 
substitute for money. 

These facts, with all their embarrassing results, had been 
felt; public opinion had yielded to their influence, and the 
business community haxl united in opinion in favor of a 
National Bank, as the only source of a sound currency, 
and the only agent that could restrain the State institutions 
from unreasonable and injurious issues. In the western 
country this feeling was universal. Congress participated 
in the general sentiment, and in April 181C, they passed a 
law establishing a Bank, which was approved by Mr. 
Madison, then at the head of the Executive Government. 

As soon as the institution was organized, appUcations 
were made from all parts of the country for the establLsh- 
ment of h>ranches. Some of the principal towns of Oliio, 
put in their claims, and sent committees to Phil2uielphia, 
tx) sustain them. The success of those apphcations was 
considered as highly important, and indeed, absolutely 
necessarj', to revive and sustain the crippled business, and 
credit of the States. The best paper then in circulation in 
the western country, was greatly depreciated. Every arti- 
cle of merchandise, and everj" agricultural product had its 
specie and its paper price; in consequence of which, the 
estimated loss on the consumption of foreign products, was 
not less than twenty per cent., to which should be added, 
a further sacrifice in the purchase of bills for remittance, 
at an exorbitant rate of exchange. 

Experience ia always the best teacher of wisdom, and 
the lessons learnt in her school are generally safe. What- 
ever the prejudice might have been eigainst such an insti- 
tution in other States, it was neither general nor strong, in 



408 BURNET'S NOTES ON THE 

Ohio. Her people had not forgotten the beneficial opera- 
tions of the old Bank, whose charter had expired; and, 
with few exceptions, they were friendly to the establish- 
ment of a new one. The mission of committees from 
Ohio, to solicit branches, resulted in the establishment of 
two — one at Cincinnati, and the other at Chillicothe. 
The former went into successful operation, under the su- 
perintendence of an intelligent board of directors, and of 
Gorham A. Worth, Esq., an experienced financier of New 
York, who had been appointed cashier. 

The amount of paper discounted at that ofiice, including 
domestic and foreign bills, was supposed to be less than at 
any other office, in a place of the same population and 
business ; and the board were not conscious that a single 
bad debt had been made. While the business of the ofiice 
was thus conducted, the parent board entered into an 
arrangement with the Treasury Department of the United 
States, to receive as cash, their Land Office deposites in 
the western banks. The terms on which that contract was 
made, were not communicated, though it was evident that 
the Bank of the United States must have been allowed a 
heavy discount, by the Treasury Department, as the de- 
posites consisted entirely of depreciated paper, not worth 
more, on an average, than sixty, or at most, seventy cents 
on the dollar. 

About nine hundred thousand dollars of that trash, were 
sent to the office at Cincinnati, with directions to collect 
the amount from the Banks by which it had been issued. 
The best of it was passing at a discount of thirty per cent, 
and upwards. Some of the Banks had failed entirely, and 
all of them had stopped specie payments. Under those 
circumstances it was impossible to execute the order, of 
which notice was immediately given to the parent board. 
The directors of the office were of opinion, that the most 
advantageous disposition that could be made of that per- 
ishing paper, was to loan it at par, on the best security that 



NORTH-WESTERN TERRITORY. 409 

could be obtained ; as they knew it was absolutely impos- 
sible for the institutions, from which it issued, to redeem it 
then, whatever might be the case thereafter. 

This plan was communicated to the parent board, and 
further instructions requested. No response having been 
received, and the paper daily becoming less valuable, the 
officers of the branch took it for granted that their sug- 
gestion was approved; and proceeded, forthwith, to loan 
the paper, as par funds, on the same principles that govern- 
ed them, in other cases. In a few months, nearly the 
whole amount was disposed of, on security which was be- 
lieved to be good. About three-fourths of it proved to be 
so; every cent of which, principal and interest, was col- 
lected. That amount exceeded the value of the whole re- 
mittance, if the residue had been lost; this, however, was 
not the case. A large portion of the remaining fourth was 
also collected; so that the sum saved, fell but very little 
short of the nominal amount of the remittance ; and even 
that deficiency would have been much less than it was, 
had it not been for the distressing pressure produced by 
the sudden discontinuance of the office, accompanied by an 
order, promptly executed, to put in suit every debt due to 
the institution, without delay. 

It is impossible for a person, who did not see the reckless 
course of Mr. Wilson, the Cashier and agent of the mother 
Bank, to form an adequate idea of the desolation which it 
produced. The business of Cincinnati and its vicinity was 
prostrated; many of her most intelligent business men were 
ruined ; and she did not recover from the shock, for many 
years. In 1821 and 1822, when this work of desolation 
was going on, the whole country was laboring under great 
pecuniary embarrassment. Money was not to be had, on 
any terms. Creditors found it necessary, every where, to 
indulge their debtors : and without such indulgence, the 
entire West must have become a community of bankrupts. 

Such was the state of things, when this severe blow was 



410 BURNET'S NOTES ON THE 

inflicted on the people of Cincinnati. In carrying out the 
order, every debtor to the institution, however wealthy, was 
prosecuted to judgment and execution. There were a few 
who obtained a short respite, by giving mortgages on real 
estate, with power to confess judgment; but in the end 
they suffered more severely than those who permitted the 
law to take its course. 

It is a fact, highly honorable to the persecuted debtors of 
that institution, that the statute of usury was not plead, in 
a single instance ; though it was a fact, easy of proof, that 
in at least half of the cases, the defendants did not receive 
from the bank more than sixty, or at most, seventy per 
cent, of the amount for which they gave their notes. 

It was understood, that Mr. Wilson, who had plenary 
powers to act as his judgment might dictate, adopted this 
plan, on his own responsibility, but it was subsequently ap- 
proved by the mother board. He assigned as the reason 
for his conduct, the false pretence, that the managers of the 
office had loaned the funds in their possession, with a pro- 
fusion that proved them to be unworthy of confidence. The 
fact, however, was as stated above, that, until the time of 
receiving the Land office deposites, the discounts at Cin- 
cinnati were less than the population and business of the 
city would have justified, and were perfectly secure. The 
excess complained of, resulted entirely from the loans 
which were made, to save the depreciated paper, cast on 
the office, by the arrangement with the Treasury. 

The institution was very unfortunate, in the selection of 
Mr. Wilson, as its agent. Though a correct accountant 
and probably an honest man, he was weak and prejudiced, 
open to flattery, and very easily imposed on. His charac- 
ter, at Cincinnati, was soon penetrated, and he became the 
tool and the dupe of men who knew how to use him. 

After his return to Philadelphia, for the purpose of justi- 
fying the steps he had taken, an exaggerated statement 
was published, calculated to create a belief, that the Bank 



NORTH-WESTERN TERRITORY. 411 

would sustain a heavy loss, by the operations of their office 
in Cincinnati. The fact, however, was very much the re- 
verse. They received their own with triple usury. Every 
dollar of capital furnished the branch, including the Land 
office trash, charged as par funds, has been repaid, and 
they have made a very large profit on real estate, taken 
from their debtors, at their own valuation, which in many 
instances did not exceed half the amount of its intrinsic 
value. 



CHAPTER XXIII. 

Contract of Judge Symmes with the Board of Treasury. — His proposition 
to purchase two millions of acres, entitling him to College lands. — De- 
posite of money on account. — Misunderstanding with Congress. — Contract 
closed by agents for one million of acres. — College lands thereby relin- 
quished. — Terms of sale and settlement established. — Published at Trenton. 
— Progress of the Miami settlements. — History of the College township. 

It is proposed in this chapter to state the nature of the 
contract of John C. Symmes and his associates, for lands 
between the Miami rivers, and give some of the facts con- 
nected with the purchase. It is generally known, that at 
the close of the Revolutionary war, each State set up an 
exclusive claim to the unappropriated land within the limits 
of its charter. Those States which had no vacant land, of 
which number was the State of New Jersey, remonstrated 
against the claim, as unjust and inequitable. They con- 
tended, that as the war had been sustained, and the inde- 
pendence of the country acquired by the blood and treasure 
of all the States, every thing which had been wrested from 
the crown, in the struggle, belonged to the United States, 
in their confederate character, as a matter of right; and 
should be held for their joint and equal benefit. 

There was much excitement on that subject, and propo- 
sitions were made in the public prints of the day, advising 
the destitute States to seize on portions of those vacant 
lands, for their own use. To allay the ferment. Congress 
made strong appeals to the justice and patriotism of the 
States, holding those claims, to make liberal cessions to 
Congress, for the common benefit of the Union. That re- 



NORTH-WESTERN TERRITORY. 413 

quisition was complied with, by several of the States. 
Virginia made a cession of the entire territory, north-west 
of the Ohio; and Connecticut ceded all her claim to the 
same territory, excepting that district, oii Lake Erie, known 
by the name of "the Connecticut Reserve." 

Soon after these cessions were made. Congress passed 
an ordinance to sell and dispose of the ceded territory. 
Their first sale was a tract of two millions of acres, on 
either side of the Muskingum river, to a New England 
company represented by Sargent, Cutler, and others. Im- 
mediately thereafter, John Cleves Symmes, then Chief Jus- 
tice of New Jersey, proposed to a number of his friends, 
most of whom had been officers in the Revolutionary army, 
to join him in purchasing a tract of two millions of acres, 
between the Miami rivers. They agreed to take limited 
interests in such a contract, provided a plan was devised 
for the management and disposal of it, which to them 
should appear safe and prudent. On that intimation, Mr. 
Symmes drew up a plan, which he submitted, and which, 
being approved of, he published in pamphlet form, entitled 
"Terms of sale and settlement of Miami Lands." [See 
Appendix A-B.] He then submitted a proposition to Con- 
gress, on the 29th of August, 1787, to purchase, for himself 
and associates, all the land lying between the Miami rivers, 
south of a line drawn due west from the western termina- 
tion of the northern boundary of the grant to Sargent, Cut- 
ler & Co., on the same terms that had been granted to that 
Company, excepting only, that instead of two townships 
for the use of an University, only one might be assigned 
him for the use of an academy. 

This application was referred to the Board of Treasury, 
to take order, [See Congress Journal, Vol. XIL page 150.] 
At the same time, he paid into the Treasury about eighty- 
two thousand dollars, the principal part of which had been 
advanced by his associates. His proposition having been 
accepted, and the first payment deposited, he did not wait 



414 BURNET'S NOTES ON THE 

to close his contract by a formal instrument, duly executed, 
but immediately set out for the western country, with a 
view of exploring his purchase. Congress, on learning 
that fact, and recoll#cting the proposition which had been 
recently made, in some of the public prints, in New Jersey 
and elsewhere, on the subject of Western lands, became 
alarmed. It was intimated to them, that the object of the 
Judge was to get possession, and then set them at defiance. 
Under that impression, a resolution was offered, ordering 
Colonel Harmar, who was stationed with his regiment be- 
low Pittsburgh, to dispossess him, and directing the ex- 
pense to be paid out of the money deposited, and the resi- 
due to be returned. 

Fortunately, Doctor Boudinot and General Dayton, two 
of his associates, were in Congress at the time, and were 
able to make such explanations, as induced a withdrawal 
of the resolution, on their assurance that the contract 
should be executed, in due form, without unnecessary 
delay. To comply with that engagement, they dispatched 
Daniel Marsh, one of the associates, to go in pursuit of the 
Judge, and induce him to return, or to execute a power of 
attorney, authorising some of his friends to complete the 
contract for him. Mr. Marsh overtook him at Pittsburgh, 
preparing to descend the river. Without hesitation, he 
gave a letter of attorney, authorising his associates, Jona- 
than Dayton and Daniel Marsh, to execute the contract in 
such form as they might see proper. Mr. Marsh then 
returned, and the Judge proceeded to the Miami country. 

As soon as the power of attorney was received, the 
agents consulted with their associates, and on their advice, 
executed a contract of three parts, on the 15th of October, 
1788, between the Commissioners of the Board of Treasury, 
of the first part, Jonathan Dayton and Daniel Marsh, of 
the second part, and John C. Symmes and his associates, 
of the third part. 

By that contract the quantity of land named in his propo- 



NORTH-WESTERN TERRITORY. 415 

sition to the Board of Treasury, was reduced to one million 
of acres; and the south boundary, instead of running from 
one Miami to the other, according to the first proposition, 
terminated at a point on the Ohio river, twenty miles above 
the mouth of the Big Miami, which on survey, was found to 
be within the limits of Cincinnati — thence northwardly, par- 
allel with the general course of the Big Miami for quantity. 

The contract contained a stipulation, that if Symmes, the 
party of the third part, should neglect or refuse to execute it, 
it should inure to the benefit of the parties of the second 
part, and their associates ; who covenanted, in that case to 
perform it themselves. The price to be paid for the land 
was two-thirds of a dollar per acre, payable in certificates 
of debt due from the United States, worth at that time, five 
shillings in the pound.* The specie price of the land on 
that estimate was reduced to fifteen pence per acre. The 
interest due on the certificates, was not to be received in 
payment; but for that amount, new certificates denomin- 
ated "Indents," were issued at the Treasury Department. 

By one of the stipulations of the contract, the purchasers 
were at liberty to pay one-seventh part of the consideration 
in Military Land-warrants, issued by the United States, to 
the officers and soldiers of the Revolutionary War. They 
contracted to pay the consideration, in six equal semi-annual 
instalments, and on the payment of each instalment, they 
were entitled to receive a patent, for a proportionate part 
of the lands. 

The personal interest Mr. Symmes was to have in the 
contract, is shown distinctly, in the plan of sale, adopted 



* The ordinance for the sale of the public lands, under which the Mus- 
kingum and the Miami contracts were made, estimated their value at one dol- 
lar per acre; but as they were then offered in very large tracts, it contained a 
provision, that one-third of that sum should be deducted from the price to be 
charged, on account of bad land, and land covered with water; so that the 
price really paid, under those contracts, weis two-thirds of a dollar, or five 
shillings Pennsylvania currency, per acre. 



416 BURNET'S NOTES ON THE 

and published by him, in 1787. [See appendix B.] As is 
stated in that document, he set apart for his own use and 
benefit, the entire township, lying lowest down in the point, 
formed by the Ohio and Great Miami rivers, together with 
the three fractional townships lying west, and south, be- 
tween it and those rivers ; estimated to contain forty thou- 
sand acres. He stipulated to pay for those lands him- 
self, and that the profit he might make on the sale of 
them, should be the only reward he would receive for his 
time and trouble, in attending to the business. That pro- 
position was acquiesced in by his associates, and on the 
2d of March following (1788,) he sold an undivided moiety, 
of his entire reservation to Elias Boudinot of Ehzabethtown, 
New Jersey, at an advanced price, agreed on between them. 
[See Appendix, F.] 

It was stipulated, that the associates should have the pri- 
vilege of selecting, and locating as much of the residue of 
the purchase, as they saw proper to take, at the contract 
price, and the community at large, were invited to become 
associates, and avail themselves of that privilege. To in- 
duce them to do so without loss of time, it was stipulated 
that after the 1st day of May then next, the price of the 
land should be a dollar per acre ; and that it would be still 
further increased, as the settlement of the country would 
justify : and it was expressly stipulated, that all the money 
received on those sales, above the Congressional price, 
should be deposited with the Register ; and expended in 
opening roads, and erecting bridges, for the benefit of the 
settlement. It was also stipulated, that a Register should 
be appointed by the associates to superintend the location 
of the land, and to receive and apply the surplus money to 
the purposes before mentioned. This stipulation, however, 
was never performed — Mr. Symmes acted as Register him- 
self — received all the money paid as Avell after, as before 
the augmentation of the price, and applied it to his own 
use. 



NORTH-WESTERN TERRITORY. 417 

The plan contained another provision, well calculated to 
hasten the settlement of the country, but which in conse- 
quence of the loose, vague terms in which it was couched, 
and the omission to appoint a Register, was one of the 
the most fruitful sources of litigation, in the early settle- 
ment of the Miami Purchase. 

The provision referred to, is that which required every 
locator, within two years from the time of entering his loca- 
tion, to place himself or some other person on the land ; or 
in some station of defence, and begin an improvement on 
every tract, if it could be done with safety, and to continue 
such improvement seven years, provided they were not dis- 
turbed by the Indians for that period; on the penalty of sub- 
jecting to forfeiture, one sixth part of each tract; which the 
Register was authorised to lay off, at the north east comer, 
in a regular square, and grant to any volunteer settler, who 
should first apply and perform what was required of the 
first locator. 

Had the conditions on which those forfeitures depended, 
and the manner in which they were to be granted to volun- 
teer settlers, been stated with clearness and precision, nei- 
ther the wisdom of the project, nor the equit}' of the volun- 
teer claimant, after he had performed the service, on which 
his title was to depend, "U'ould have been questioned; but 
the indefinite, confused, phraseolog}*, used in the pamphlet, 
rendered it impossible to ascertain the meaning of the pro- 
vision, and the omission to appoint a Register, to whom 
the power of granting forfeitures was to be exclusively con- 
fided, made it difficult, if not impossible, to carry it literally 
into effect. The consequence was, that it became doubtful 
whether on legal grounds, any of those claims could be 
maintained. 

The prevaihng impression on the public mind, was de- 
cidedly in their favor; and whenever the claimant could 
make out a plausible case, he was certain of success. 
When they first became a subject of htigation, an attempt 
27 



418 BURNET'S NOTES ON THE 

was made to induce the Court to apply to them the rigid 
principles, on which forfeitures were sustained. If they 
had done so, it was the better opinion, that there was not 
a forfeiture title in the Miami Purchase, which could have 
been maintained. The Court, however, declined to do so, 
and permitted the jury, in each case, to be governed by the 
apparent equity, which it presented. 

For the convenience of those who desired to turn in Mil- 
itary Warrants, in payment of land. General Dayton was 
appointed to receive them; and subsequently the 3d entire 
range of townships was conveyed to him, in trust, for the 
persons to whom the Warrants belonged. From that cir- 
cumstance it obtained the name of the Military Range. 

As the contract with the Board of Treasury, required the 
purchasers to survey the tract into ranges, townships, and 
sections, at their own expense, a suitable number of sur- 
veyors were employed, by Judge Symmes, to accomplish 
that work ; but, unfortunately, a plan was adopted, better 
calculated for economy, than for accuracy. At the com- 
mencement of the survey, the principal surveyor was di- 
rected, to run a line east and west, from one Miami river 
to the other, sufficiently north to avoid the bends of the 
Ohio, for a base line, on which he was directed to plant 
a stake at the termination of each mile. The assistant 
surveyors were then instructed to run meridian lines by the 
compass, from each of those stakes, and to plant a stake at 
the termination of each mile, for a section corner. The 
purchasers were then left to complete the survey, by run- 
ning east and west lines, at their own expense, to connect 
those corners. By that defective plan of survey, scarcely 
two sections could be found in the Purchase, of the same 
shape, or of equal contents: some were too wide, others 
too narrow, and it may be doubted if there be one in the 
whole Purchase, the corresponding corners of which, either 
on the north, or the south side, are on the same east and 
west line. In some instances, the corner on one meridian 



NORTH-WESTERN TERRITORY. 419 

was found to be ten, twenty, and sometimes thirty rods, 
either north or south of the corresponding corner, on the 
other meridian. This irregularity was embarrassing, and 
was very much complained of. Three or four years after- 
wards, when many of the sections had been occupied and 
improved, the Judge adopted a plan to remedy that diffi- 
culty, which rendered confusion more confused. He order- 
ed the meridian line, which formed the east boundary of 
the section, on which Cincinnati stands, to be carefully re- 
measured, and new stakes to be set up, at the termination 
of each mile. That line, he declared to be the standard, 
and directed purchasers and settlers to run lines east and 
west, from the new stakes, and to establish their corners at 
the points of intersection on the meridians. That plan, 
had it been persisted in, would have changed every origi- 
nal corner in the Purchase. Some of the purchasers pur- 
sued the directions of the Judge, and regulated their pos- 
sessions by the new corners, established as above. It was 
soon found, experimentally, that the remedy was worse 
than the disease ; but fortunately it was not long before the 
difficulty was settled by a decision of the Supreme Court of 
the State, confirming the old corners, on the ground, that 
the original survey had been made under the authority of 
an act of Congress, and accepted at the Treasury Depart- 
ment, and was therefore final and obligatory, and could 
not be altered by either party. 

About the same time, a similar difficulty arose in regard 
to the boundaries of the Military Range, which had been 
conveyed to General Dayton, for the purposes before men- 
tioned.* As the surveyors of Judge Symmes had not divi- 



* Judge Symmes instructed his surveyors in running the meridians from 
his base line, which was three miles north of the southern boundary of the 
second Fractional Range, to place stakes for the corners of sections, for the 
distance of three Ranges, or eighteen miles, from the south boundary of the 
second Fractional Range, which would bring them to the south boundary of 
the third entire Range; and from thence to measure six miles, the width of 



420 BURNET'S NOTES ON THE 

ded that range into sections, by planting stakes, as they did 
in other places, Mr. Ludlow was appointed by Mr. Dayton, 
to make the survey, and establish the section corners. The 
lines run by him, as boundaries of the Range, interfered, in 
some cases, with the corners previously made, but having 
been run by competent authority, they were confirmed by 
the Supreme Court, as far as they did not conflict with the 
survey previously made under the authority of Mr. Symmes, 
by virtue of the act of Congress. 

As some of the sections were too large, and others too 
small, and as it had been ascertained, that the entire sur- 
vey contained the quantity of land required to complete all 
the sections, Mr. Symmes, to do justice among the pur- 
chasers and to himself, established a general rule, that in 
all cases of a deficiency, he would pay to the purchasers, at 
the rate of four dollars per acre, for such deficiency, and 
that, where there was a surplus, the purchaser should pay 
for it, at the same rate. Although his right to establish 
this rule was not admitted, yet it seemed to be equitable, 
and was not complained of; probably, a lawyer would 
have taken the contract price, in each case, to ascertain 
the sum to be refunded, or received, as the case might be, 

Although the contest about the old and new corners, has 
been judicially settled, yet they have occasionally given 
rise to litigation, since that time. In some cases it has 
been a matter of dispute, which of the two existing corners 
was the old original corner, and which the new one. In 
other cases, agreements had been made by the parties to 
establish corners for themselves, which produced litigation. 
But those causes of dispute seem to be exhausted. 

About the year 1810, the mansion-house of Judge Symmes, 
at North Bend, one of the most spacious and commodious 
in the State, was destroyed by an incendiary. The Judge 



the Military Range, without setting stakes. At the end of the sixth mile, on 
each meridian, they were directed to make corners, for the commencement of 
the fourth entire Range. ^ 



NORTH-WESTERN TERRITORY. 421 

being absent at the time, most of the papers, maps, and 
books of entry, relating to the survey and sale of lands, in 
the purchase, were consumed, and it was apprehended, 
that very great difficulty and embarrassment would be pro- 
duced by the loss. It was ascertained, however, that the 
principal book, containing the original locations, was in 
Cincinnati, where it had been taken, a short time before, to 
be used as evidence in court. 

The original field notes of the survey were destroyed; 
but, fortunately. Judge Henderson and some other sur- 
veyors had taken copies with great care and accuracy, for 
their own convenience. Under the sanction of an act of the 
Legislature, those copies were procured, and their accuracy 
proved. They were then recorded, and by the authority of 
the act, were made legal evidence, in all cases to which 
they applied. By these means the apprehended mischief 
was in a great measure prevented. 

Some difficulty, however, was experienced by the property 
holders in Cincinnati, owing to the plan adopted by the 
proprietors of the town, when it was first laid out. For their 
own convenience, they agreed to leave the legal title to the 
town section and fraction, in Mr. Symmes, who undertook 
to make deeds to the purchasers of lots, on the presenta- 
tion of certificates, signed by any two of the proprietors. 
Those certificates, which were indispensably necessary to 
give validity to the deeds executed by the trustee, were left 
in his hands, and were consumed with his house. It was 
understood, that in some cases, certificates had been irregu- 
larly and fraudulently obtained; and also, that deeds had 
been made to assignees, on assignments alledged to be 
fraudulent. 

In some of these cases allegations of that nature were 
made, by the original holders, who denied the assignments 
to be genuine, alledging, that if they existed, they were 
forgeries. It also became impossible to ascertain whether 
all the deeds, given for lots in the town, had been author- 



422 BURNET'S NOTES ON THE 

ised by the proprietors ; but, whatever the facts might have 
been, in reference to those matters, the loss of the certifi- 
cates precluded all investigation, and operated as a quietus 
to the claimants in possession. 

Soon after the conflagration, suspicion rested on a man 
residing near the Bend, by the name of Hart, who was 
known to be a violent enemy of Mr. Symmes. He was 
arrested, indicted, and put on his trial; and although the 
evidence in the case produced conviction of his guilt, on the 
minds of nine-tenths of the crowd of by-standers, who heard 
it, he was acquitted by the jury. 

The contract, executed by the agents of Judge Symmes, 
in October, 1788, required the payment of the purchase 
money to be completed, within three years, after the boun- 
dary lines of the entire tract had been surveyed, and plainly 
marked by the geographer of the United States, or other 
person appointed for that purpose. That survey must have 
been made in the fall of 1788, or early in the spring of 
1789. In either case, the last instalment must have been 
due early in 1792. At that time, only the first, and part 
of the second, had been paid ; and the contract, of course, 
was liable to forfeiture. 

In addition to this, the eastern boundary of the Purchase 
commenced on the Ohio river, at a point, twenty miles 
above the mouth of the Big Miami, which was within the 
limits of Cincinnati, and ran from thence north, parallel 
with the general course of the Big Miami, for quantity. 
[See Appendix, C] Mr. Symmes had, however, sold the 
principal part of the land between that line and the Little 
Miami. In order to obtain relief from those embarrassing 
difficulties, he petitioned Congress, in the spring of 1792, to 
alter his contract, in such manner, that it should extend 
from one Miami to the other, and be bounded on the south 
by the Ohio, on the east and west, by the Miami rivers, 
and on the north, by a parallel of latitude, so run as to 
include the quantity. 



NORTH-WESTERN TERRITORY. 423 

The prayer of that petition was granted, and a law was 
passed authorising the alteration to be made, by which a 
large number of meritorious purchasers were secured in 
the quiet possession of their lands and improvements. 
The law, however, made a reservation of fifteen acres, 
contiguous to Fort Washington, and extending to the Ohio 
river, for the accommodation of the garrison.* 

That object being secured, Mr. Symmes presented an- 
other petition praying for the passage of a law, authorising 
the President of the United States to grant him a patent 
for as much of the land, contained in his contract, as he 
might then be able to pay for. That application was also 
granted, and a law to that effect was passed on the 5th of 
May. 

In 1794, the Judge repaired to Philadelphia, and, on a 
settlement with the Treasury Department, it was ascer- 
tained that he had paid for two hundred and forty-eight 
thousand five hundred and forty acres of land, for which 
he obtained a patent in September 1794. But as the same 
law of 1792, contained a provision authorising the Presi- 
dent to grant a College township for the use of the Miami 
Purchase, although the right to such a grant had been lost, 

* By the act of Congress, of April, 1792, defining the boundaries of the 
grant to Judge Symmes, and his associates, the President was authorised to 
reserve to the United States, such lands, at and near Fort Washington, as he 
might think necessary for the accommodation of the garrison, at that fort. 

In the patent, made in pursuance of the act of May, 1792, the President 
reserved a tract of fifteen acres, including Fort Washington, for the accommo- 
dation of its garrison. He also reserved a tract of land, at or near the mouth 
of the Big Miami, equal to one mile square, to be located as should thereafter 
be directed. This last reservation was made on a proviso, that Congress pass- 
ed a law approving of it, within two years; in which case the reservation of 
fifteen acres at Fort Washington, was to be relinquished to Mr. Symmes, and 
his associates. But after mature deliberation, it was determined to retain the 
fifteen acres, as most useful to the government. In consequence of which, 
the law mentioned in the patent, was not passed, and the tract of a mile 
square, at the mouth of the Big Miami, reverted to Mr. Symmes and his 
associates. 



424 BURNET'S NOTES ON THE 

in consequence of reducing the purchase, from two millions 
of acres, to one million, by the contract of 1788: and as 
that township, together with the reserved sections, were 
included in the same patent; the boundaries described in 
it contained three hundred and eleven thousand six hun- 
dred and eighty-two acres. 

The draft of the patent, prepared by General Hamilton, 
Secretary of the Treasury, was objected to by Mr. Symmes, 
because it did not convey the land to him alone, but to 
him and his associates. The Secretary refused to alter it, 
and an appeal was made to the President. On examina- 
tion, he found that the patent was in strict conformity with 
the contract, and the act of Congress, on which it was 
founded. He therefore refused to interfere, and eventually 
the patent was accepted, as it had been prepared by Gen- 
eral Hamilton. This difficulty being over, Mr. Symmes 
returned to the Miami, and commenced the issuing of 
deeds. Prior to that period his vendees held no other evi- 
dence of right than the original warrants received at the 
time of purchase. 

In the estimation of Congress those transactions termi- 
nated the contract of 1788, though it was neither formally 
released nor canceled. That omission left it prima facie in 
full force; and induced Mr. Symmes to believe, that he 
would be entitled to a farther fulfilment of it, on his 
making future payments. 

The northern boundary of the patent extended only a 
few miles above the Military Range; in consequence of 
which, a large quantity of land, previously sold by Mr. 
Symmes, was not included in it, and not only so, but on 
his return from Philadelphia, he continued to sell, beyond 
the limits of his patent, as he had done before, confidently 
expecting to obtain a further grant, on making further pay- 
ments to government. In the mean time doubts were 
entertained as to the validity of his right to make those 
sales. Rumors were afloat which rendered the purchasers 



NORTH-WESTERN TERRITORY. 4gf 

uneasy; they began to fear for their safety, and insisted 
that Mr. Symmes should take measures for their security. 
They had paid large sums of money, in the purchase 
and improvement of their farms, and were apprehensive 
that it might all be lost. Some of them proposed to make 
a direct application to Congress for relief, but Mr. Symmes 
dissuaded them from that measure, lest it might defeat the 
claim he was about to set up, for the complete fulfilment 
of his contract. Finding that he could not pacify them 
any longer, he concluded to go to Philadelphia; and in the 
fall of 1796, after the adjournment of the General Court, 
at Marietta, he proceeded on his journey, accompanied by 
the writer of this narrative, who went on a visit to his 
friends, in Newark and New York, and who had an inter- 
est in the success of the application.* 



* As they did not arrive at Philadelphia until a few days before the first 
Monday in December, when President Washington was to deliver his last offi- 
cial address to the two Houses of Congress, Mr. Burnet, who had been pre- 
sent at his first inauguration, in New York, in 1789, determined to remain in 
the city for the purpose of being present on the interesting occasion, which 
was then at hand. Being personally acquainted with several members of Con- 
gress, he found no difficulty in being introduced into the hall in company 
with them, and of course in time to obtain a convenient position in front of 
the Speaker's chair. 

Soon after the members of Congress were seated, the President, accompa- 
nied by the Cabinet and his Private Secretary, entered the hall, preceded by a 
Committee of Congress, by whom he was conducted to the Speaker's chair. 
He was dressed in a suit of rich black velvet, with black silk stockings and 
large shoe-buckles and knee-buckles. According to the fashion of the day, his 
hair was combed back from his forehead — powdered — curled at his temples, 
and gathered behind in a square black silk bag suspended between his shoul- 
ders. A neat dress-sword hung at his left side. The moment he took his seat 
every eye in the hall was directed to, and apparently riveted on him ; and, al- 
though the house was crowded to suffocation, it was as still as the grave. 
Every individual of the multitude was manifestly afraid to move, lest he might 
disturb the solemnity of the scene. 

After sitting eight or ten minutes, the President arose, and bowing first to 
the members of Congress who were immediately before him, and then to the 
surrounding multitude, proceeded to deliver his address, which was written 
and open before him, though he scarcely found it necessary to look at it, at 



426 BURNET'S NOTES ON THE 

The Judge spent the winter and spring in fruitless efforts 
to induce the government to receive his money, and make 
him a further grant. They, however, assumed the ground, 
that the arrangement under the law of 1792, was a final 
adjustment of all his claims — that the whole contract had 
been forfeited for non-payment, anterior to the law of 
1792, and might, at that time, have been so declared. They 
alledged that a formal release, under those circumstances, 
was not necessary, as the forfeiture of the contract was 
apparent on the face of it. Finding that there was not 
the most distant hope of success, he abandoned his claim, 
in despair; leaving the purchasers, whose lands were not 
covered by the patent, to seek the best remedy in their 
power. 

The situation of those disappointed men, was distressing. 
Many of them had paid for their land in full, and all them 
in part. They had also expended considerable sums of 
money, and some years of labor in clearing and improving 
them. Thus situated, they found themselves completely at 
the mercy of the government; liable to be dispossessed at 
any moment. Memorials were presented to Congress, re- 
presenting their grievances, and praying for relief; and in 
1799, an act was passed in their favor, which secured to them 
and to all other persons, who had made written contracts 
with John C. Symmes, prior to the 1st of April, 1799, and 

any time during the delivery. He spoke with great deliberation and with con- 
siderable emphasis. The intonation of his voice was solemn, and all his move- 
ments and gestures were dignified, but easy and graceful. The expression of 
his countenance, together with his manner and general deportment, produced 
on the feelings of the audience the same deep, indescribable effect that had 
been so often noticed, and spoken of on former occasions. 

After the address was closed, the multitude, evidently unwilling to retire, 
remained in their places gazing on the object of their veneration and love; and 
it was with much difficulty that a passage could be made sufficient to enable 
the President and his suite to reach their carriages; and after that object was 
accomplished, the crowd in the street was so dense and extended to such a 
distance that it was some hours before they were enabled to make their way 
through them. 



NORTH-WESTERN TERRITORY. 427 

whose lands were not comprehended in liis patent, a prefer- 
ence over all other purchasers, at two dollars per acre. 

In 1801, the right of pre-emption was extended to all per- 
sons, who had purchased prior to the 1st of January, 1800 ; 
and afterwards Congress continued to indulge them, from 
year to year; till they were all enabled to complete their 
payments, and secure their titles. 

Without expressing any opinion, on the merits of Mr. 
Symmes' claim under his contract of 1788, there is no doubt 
of the fact, that he candidly, and honestly believed, he was 
entitled to its fulfilment, and had a right to continue his 
sales, as he had done : and judging from appearances, he 
never despaired of ultimate success ; till he was finally re- 
pulsed, in the winter of 1796-7. 

Prior to that time, in addition to the sales before referred 
to, he had granted to individuals and companies, pre-emp- 
tion rights to large tracts ; in consideration of their assum- 
ing to pay the original contract price, to the government. 
The grantees of these pre-emptions, sold out at an advance 
in small tracts to others ; who also engaged to pay the Go- 
vernment price, assumed by their vendors, whenever called 
for. In this way, a large portion of the tract of a million 
of acres, contracted for by Mr. Symmes, in 1788, had passed 
from him and was claimed by others ; many of whom w^ere 
in possession, residing on, and improving the land. Several 
towns had been laid out and settled — mills had been built, 
and orchards planted, and for miles north of the patent line, 
the country was as thickly settled, and as well improved, as 
it was generally within the patent. 

From this view of the case, the vast importance of those 
pre-emption laws may be seen. By their operation, some 
hundreds of families were saved from ruin, and made inde- 
pendent and happy. The extension of the right, by the 
law of 1801, to all who had purchased, prior to the 1st of 
January, 1800, embraced the whole of those unfortunate 
people, and enabled every one of them, to save himself: 



428 BURNET'S NOTES ON THE 

and the extension of credit which Congress gave, from time 
to time, by subsequent laws, was so liberal, that some of 
them were able to pay their instalments, from the product 
of their farms. 

As the facts relating to the College township, mentioned 
in the original proposition of Judge Symmes to Congress, 
are not generally known, or understood, it may be proper 
here to state them concisely. 

The ordinance under which the early sales of the public 
domain were made, did not authorise a grant of College 
lands, to purchasers of a less quantity than two millions of 
acres. The original proposition of Mr. Symmes, being for 
that quantity, would have entitled him to the benefit of the 
grant, had it been carried into effect. It was therefore sta- 
ted in his pamphlet, containing the terms of sale and settle- 
ment, that a College tow^nship had been given, and located 
as nearly opposite the mouth of Licking river, as an entire 
township could be found, eligible in point of soil and situa- 
tion. The selection of that township, was made in good 
faith, on one of the best tracts in the Purchase ; and was 
marked on his map as the College township. It was situate 
opposite the mouth of Licking, and was reserved from sale 
for the purpose intended, until it was ascertained, that the 
agents appointed to close the contract with government, 
under the powers given in the letter of attorney, had relin- 
quished one half of the quantity, proposed to be purchased 
by Mr. Symmes ; and as a matter of course, had relinquished 
also his claim to a College township. After that relinquish- 
ment, he erased the entry made on that township, on his 
map, as he had a right to do ; and offered it for sale. As it 
was one of the best in the Purchase, it w^as soon entirely 
diposed of. The matter remained in that situation, till 1792, 
when the Judge applied to Congress, as is stated above, to 
change the boundaries of his purchase, and grant him a 
patent, for as much land as he was then able to pay for. 
When the bill for that purpose was before Congress, Gen. 



NORTH-WESTERN TERRITORY. 429 

Dayton, the agent of Mr. Symmes, and then a very influen- 
tial member of the House, introduced a section, authorising 
the President to convey to Mr. Symmes and his associates, 
one entire township, in trust, for the pm^pose of establishing 
an Academy, and other schools of learning, conformably to 
the ordinance of Congress of 2d of October, 1787; to be 
located, with the approbation of the Governor, for the time 
being, of the Territory North-west of the river Ohio, within 
the term of five years, as nearly as may be, in the centre of 
the tract of land, granted by the patent. [See Appendix, D.] 

The fact was, that under that ordinance, the right to the 
township had been lost, by relinquishing half the quantity 
of his proposed purchase : yet, from some cause, either from 
a want of correct information, or a disposition to be gene- 
rous, the provision was retained, and became a part of the 
law. At that time, there was not an entire township in 
the Purchase, undisposed of; portions of each and all of 
them had been sold by Mr. Symmes, after his right to 
College lands had been lost, and before the law of 1792 
had renewed the claim. It was not, therefore, in his power 
to make the appropriation required. 

The matter remained in that situation, till the first Ter- 
ritorial Legislature was elected in 1799. Mr. Symmes, 
then feeling the embarrassment of his situation, and aware 
that the subject would be taken up by that body, made a 
w^ritten proposition to the Governor of the Territory, offer- 
ing the second township of the second Fractional Range, 
for the purposes of a College. The Governor, on examina- 
tion, found that Mr. Symmes had sold an undivided moiety 
of that township, for a valuable consideration, in 1788, four 
years before the right to a College township existed; that 
the purchaser had filed a bill, in the Circuit Court of the 
United States, for the district of Pennsylvania, to obtain 
a specific performance of his contract : and that the Judge 
had also sold small portions of the same township to other 
persons, who then held written contracts for the same in 



430 BURNET'S NOTES ON THE 

the form of deeds. As a matter of course, the township 
was rejected by the Governor. [See Appendix E, 1, 2, 3.] 

Soon after that occurrence, the subject was brought be- 
fore the Territorial Legislature, at the instance of Mr. 
Symmes, who repeated the offer to them. They also re- 
fused to receive it, for the same reasons which had been 
assigned by the Governor, as appears from the journal of 
that body. A similar refusal, for the same reasons, was 
subsequently made by the State Legislature, to whom it 
was again offered by the Judge. Not satisfied with these 
repeated refusals, in 1802-3, he offered the same township 
to Congress for the same purpose. His proposition was 
referred to a committee of that body, who, after hearing 
his own ex parte statement of the facts, relating to the town- 
ship, were fully satisfied, that it could not be held, for the 
purpose for which it was offered; and therefore they also 
refused to receive it. 

It was affirmed in the written communication of Judge 
Symmes, to Congress, very correctly, that the Miami Pur- 
chase did not obtain a right to College lands, till the law 
of 1792 was passed; that prior to that time, he had sold 
large portions of every township in his Purchase, as he had 
a right to do ; that the township he then offered, had not 
been reserved for a College, hut to he sold and disposed of, for his 
own personal benefit; and tliat he had sold large portions of it as 
early as 1788, hut tJiat those sales, in his opinion, were void. 
[See Appendix, F, G.] 

Some persons had the charity to believe, that when he 
first proposed that township, for the use of a College, it 
was his intention to purchase out the claimants, which he 
probably might have done, at the time the law passed, 
making the grant, on fair and reasonable terms; but he 
omitted to do so, till that arrangement became impractica- 
ble, and until his embarrassments rendered it impossible 
for him to make any remuneration to Congress, or the peo- 
ple of the Miami Purchase. 



NORTH-WESTERN TERRITORY. 431 

The delegates representing the Territory in Congress, 
were instructed from time to time, to exert their influence 
to induce the government to grant a township, in lieu of 
the one which had been lost; but nothing effectual was 
accomplished, until the establishment of a State govern- 
ment, in 1802-3, when a law was passed by Congress, 
vesting in the Legislature of Ohio a quantity of land, equal 
to one entire township, to be located under their direction, 
for the purpose of establishing a College or an Academy, 
in lieu of the township already granted, for the same pur- 
pose, by the act entitled "An act authorising the grant 
and conveyance of certain lands to John C. Symmes and 
his associates." 

In April, 1803, the Legislature of Ohio passed an act, 
appointing Jacob White, Jeremiah Morrow, and William 
Ludlow, Commissioners to locate the College lands, amount- 
ing to thirty-six sections ; by virtue of which they selected 
and located them, as they are now held by the Miami 
University. In consequence of the numerous sales that 
had been made in the Miami Purchase, the College lands 
were, from necessity, located west of the Big Miami river, 
without the limits of the Miami Purchase. 

In February, 1809, the Legislature passed a law, con- 
taining the following provision, to wit : " There shall be an 
University established and instituted, in manner hereafter 
to be directed, within that part of the country known by 
the name of John Cleves Symmes' Purchase; which Uni- 
versity shall be designated by the name and style of the 
Miami University." The act then proceeded to describe 
the powers and duties of the corporation, and to appoint 
trustees, etc.; it then made a formal grant of all the land 
vested in them by Congress, for the use of the Miami Pur- 
chase, to the corporation created by that act, and their suc- 
cessors forever, for the sole use and benefit of the said 
University. 

The 17th section appointed Alexander Campbell, the 



4S2 BURNET'S NOTES ON THE 

Reverend James I^llburn, and the Reverend Robert Wil- 
son, Commissioners, to fix on the place for the permanent 
seat of the University, in suck part of John C. Symmes' 
Purchasey as an eligible place could be found, paying re- 
gard to health, etc. 

The 19th section directed the first meeting of the corpo- 
ration to be at Lebanon, in the county of Warren. At the 
time appointed for the meeting of the Commissioners, the 
Reverend Doctor Wilson w^as detained at home by sick- 
ness in his family. The other Commissioners, his col- 
leagues, attended, and after having examined all the 
places presented for their consideration, including Cincin- 
nati, Dayton, and Lebanon, they selected the town of 
Lebanon, in the county of Warren, as the seat of the 
University, and made their report accordingly to the 
Legislature. 

It was then generally understood, that the seat of the 
institution was unalterably fixed, although the citizens of 
other places, who had failed in their applications, were 
greatly disappointed. But at the next session of the Legis- 
lature, a proposition was made by Mr. Cooper, of Dayton, 
to establish the University on the College lands, without 
the limits of Symmes' Purchase. This proposition was 
objected to, on various grounds. It was contended, that 
the donation was originally made to the people of the 
Miami Purchase, for their exclusive benefit — that the 
patent of 1792, granted the township for the sole intent 
and purpose of erecting and establishing, within that Pur- 
chase, an Academy, etc., that the law, subsequently passed 
in 1803, vested the land in the Legislature, for the purpose 
of an Academy, in lieu of the township already granted 
for the same purpose. 

It was further contended, that by the law of 1809, the 
Legislature had established a University, within the li??iits 
of John C. Symmes' Purchase, and had granted the fee of 
the land, to the Trustees of that institution, for its sole and 



NORTH-WESTERN TERRITORY. 433 

exclusive benefit — that they had thus executed their trust, 
and exhausted their power, and that they could not revoke 
that grant, or apply the fund to another institution, estab- 
lished without the Miami Purchase. The Legislature, how- 
ever, thought differently, and passed an act establishing 
the University on the land, without the limits of John C. 
Symmes' Purchase. That institution is now in a very 
flourishing state, and although the original beneficiaries of 
the grant have been wrongfully deprived of their rights, 
yet it is now too late to relieve them, without great tem- 
porary injury to the cause of science, and on that account 
it is desirable that no effort be made to disturb the institu- 
tion, or to check its advance. 
28 



CHAPTER XXIV. 

Ancient artificial structures in Cincinnati. — Articles found in them. — Per- 
petuation of vegetable productions. — Alluvial deposit at Cincinnati. — How 
produced. — Note. — Reflections on the Mosaic account of creation. — Prob- 
able change in the course of the Big Miami. — How produced. — Navigation 
of the Mississippi river. — Intrigues with the Spanish officers. — The territory 
of Mississippi established. — Introduction of American Courts. — Suits at law 
multiply. — Practice profitable. 

The mounds and other artificial structures, found through- 
out the Western country, have excited so much attention, and 
given rise to so many speculations, that it may be of some 
interest to give a concise account of those which were stand- 
ing within the limits of Cincinnati, in 1796. 

The improvements made in the village, at that early pe- 
riod, were trifling. The surface of the ground had been 
scarcely disturbed, by the small number of temporary build- 
ings, which had been constructed for immediate use ; and 
the ancient works referred to, were in a perfect state of 
preservation; only depressed in height, by the natural 
causes, which had been operating for ages, to wash and 
wear them down. 

Within the limits of the village, there were two large 
circles, one on the eastern boundary of the town, which 
extended to Eastern Row, a two-pole alley, since widened 
and called Broadway; and the other near the centre of the 
plat. They were constructed with great exactness, and 
were about six hundred feet in diameter. The earth which 
composed them, had been manifestly brought from some 
distance, or taken evenly from the surrounding surface, and 



NORTH-WESTERN TERRITORY. 435 

had been gradually washed down, during a succession of 
ages ; yet the apex of the one most central, was twelve or 
fifteen feet above the level of its base, which had been 
greatly widened by abrasion. They were on the upper 
level of the town plat, and did not approach nearer the 
brink of it than four hundred feet. 

Near the western boundary of the village, there stood a 
conical mound of great beauty, about fifty feet high, con- 
structed with great exactness, and standing on a base unu- 
sually small, compared with its height. When General 
Wayne's army was encamped at Hobson's Choice,* he had a 
sentry-box on the top of it, which gave a view of the entire 
plain. In the same neighborhood, three smaller mounds 
were standing, which were found on examination to contain 
human bones, as is the case in regard to most of them. 
There was also one of a medium size, compared with the 
others, standing on the brow of the hill, about midway be- 
tween the circles, and in advance of them about three hun- 
dred feet. It was on the eastern boundary line of Main 
street, and as that street was from time to time, dug down 
and graded, for the convenience of travelling, the mound 
was gradually precipitated into it, and has been entirely 
removed many years ago. 

While that process was going on, many articles were 
found, some of which were of an interesting character, and 
were most probably deposited in it, after the country had 



* On the arrival of General Wayne, at Cincinnati, with the troops from 
Legionville, late in 1793, he ordered the Quartermaster, with two or three of 
his officers, to make a careful examination of the grounds adjoining the town, 
and select the most eligible spot for the construction of an encampment- 
After a careful execution of the order, they reported that there was no situa- 
tion near the town, on which the army could be conveniently encamped; and 
that the only ground, which was in any degree calculated for the purpose, 
was on the river bank, between the village and Millcreek. The General re- 
pHed, " If that be so, we have Hobson's choice, and must take it." From that 
expression, the place selected was immediately called Hobson's Choice, and has 
been known by that name ever since. 



436 BURNET'S NOTES ON THE 

been visited by Europeans. Among them were marine 
shells and pieces of hard brown earthenware. A small 
image of a female, supposed to be the Virgin Mary, holding 
an infant in her arms, finely wrought in ivory, which had 
been somewhat mutilated, was also found. A small com- 
plex instrument of iron, much corroded, and supposed 
by some, to have been intended to ascertain the weight of 
light articles, was discovered. The skeleton of a man was 
also found, contained in what might be called a coffin of 
flat stones, so placed, as to protect the body on every side, 
from the pressure of the earth. This grave was only a few 
feet below the upper surface of the barrow. 

In the year 1802, a well was dug within the central cir- 
cle above described, in which at the depth of ninety-three 
feet, two stumps were found, one about a foot, and the other 
about eighteen inches in diameter, concerning which, many 
exaggerated statements have appeared in print, at different 
times, professing to describe their appearance, and the con- 
dition in which they were when first discovered. One wri- 
ter stated that they had evidently been cut down by a me- 
tallic instrument — that the marks of an axe were visible, 
and that chips were found near them, in a state of preser- 
vation. Another said, that iron rust was seen on them, 
and a third, that an axe was found near by. Neither of 
these accounts was true. It is a fact that the stumps were 
found at the depth stated ; and that when discovered, they 
were standing in the position in which they grew. Their 
roots were yet sound, and extended from them, horizontally 
and regularly in every direction. Their tops had decayed, 
and mouldered to earth, so that no opinion could be formed 
as to the means by which the trunks had been severed. The 
surface of the earth over the place where they were found, 
was ninety-three feet above them, and one hundred and 
twelve feet above the present low water mark of the Ohio 
river. They could not have been brought there by a cur- 
rent of water, because their upright position, and the reg- 



NORTH-WESTERN TERRITORY. 437 

ular horizontal extension of their roots, in all directions, 
proved that they must have grown on the spot w^here they 
were found. 

There is another fact connected with this subject, worthy 
of notice. Before the well was dug, not a mulberry tree 
had been seen growing on the premises, though they were 
found in the neighboring forest, yet the next season, they 
sprang up wherever the excavated earth had been spread, 
in such numbers as made it necessary to destroy them, 
and they continued thus to shoot up for a year or two; 
though not one made its appearance on the remote parts of 
the lot, to which the excavated earth had not been carried. 

This fact produced a belief that one of them must have 
been the stump of a mulberry, and gave rise to some 
speculation, as to the physical cause of the reproduction of 
trees, which led to an examination of the Mosaic account 
of creation, to ascertain what light it might cast on the 
subject.* 

* When the reader has examined the chapter referred to, for the purpose of 
ascertaining what the inspired writer has stated, in regard to the formation of 
the earth, and its vegetable productions, and the provision made for reprodu- 
cing them, and perpetuating their existence; if he will pause, and review the 
residue of the verses, he will find a beauty pervading the whole, in perfect 
keeping with the sublimity of the subject. The substance of the first man- 
date uttered by the Deity, at the beginning of creation, clothed in the most 
simple language, is what writers of taste in all ages, have called the true sub- 
lime. Longinus, the learned critic and statesman, of Palmyra, quoted the 
passage as a most striking specimen of that style of writing. 

It is admitted by those who believe in the verity of the Scriptures, that the 
facts recorded throughout the chapter, were inspired: and a lover of the sub- 
lime, might persuade himself, that the language in which they are expressed 
was also inspired. While studying this chapter, it should be borne in mind, 
that although the Egyptians had made considerable advances in the science of 
astronomy, in the days of Moses, who was instructed in all their literature, 
yet, compared with subsequent discoveries, that science was in its infancy. 
The most cultivated of the human family, knew but little of the heavenly 
bodies, or of the influences which keep them in their places and regulate their 
movements. The laws of gravity and attraction were unknown; the power 
which those laws gave to the sun, over the solar system, they did not under- 



438 BURNET'S NOTES ON THE 

The inspired historian tells us, that on the third day, 
God said, " Let the earth bring forth grass, the herb yield- 
ing seed, and the fruit tree yielding fruit, after his kind, 
whose seed is in itself." On this concise statement the 

stand, nor did they understand the influence, which the heavenly bodies exert 
on each other. 

It was not deemed expedient, to inspire Moses with a knowledge of astron- 
omy, although with the limited skill he possessed, on that subject, it was not 
possible to record the facts, as a master in the science might have done. He 
has therefore given them in the concise, simple, but beautiful language in 
which we find them. The process is stated, as far as he could comprehend it, 
but he does not attempt to explain, or describe the mutations, which matter 
underwent, in the process of passing from chaos, to the organized state in 
which it now appears. 

It is very manifest, that during the process, the particles of light scattered 
through chaos were collected — earth and water were separated — a firmament 
was produced — an atmosphere made — the planets brought into form and set in 
motion; and anew system of worlds, planted in space; yet no intelligible ex- 
planation is given of the process, by which these results were brought about. 
Why was it so ? Simply because it seemed good in the sight of the Almighty, 
to confine his revelation to the naked fact, that, by his own power, he created 
and organized our system, by progressive movements, in the space of six days. 

The chief object of Deity, in making the revelation, seems to have been, to 
give publicity to the great truth, that he alone created the heavens and the 
earth, and formed and fashioned them, by his own power, after the counsel of 
his own will. This being proclaimed and known, the object of the revelation 
was accomplished. Moses was neither commanded, nor inspired, to instruct 
the world in philosophy or astronomy. The object of his revelation was of a 
different character. It was to convince men of the majesty and power of their 
Creator; not to enlighten them, as to the means by which he accomplishes his 
purposes — it was to reach the heart rather than the head, and to hold men in 
their allegiance to heaven, by the influence of admiration, as well as of fear. 

In the first two verses of the chapter, the chaotic mass out of which the 
solar system was organized, is described as it was, when the work of organiza- 
tion commenced. The terms used, are well selected to represent a confused 
mixture of all the varieties of matter, found in the solar system. It was said 
to be without form and void — it was called a deep, and is spoken of as waters 
covered with darkness, terms which properly apply to chaotic, nebulous, un- 
organized matter. This matter, occupying the entire space, through which 
the planets revolve, and extending, probably, to an immense distance beyond 
the orbit of the most remote of them, was the material of which the solar sys- 
tem was composed. 

The expressions used indicate, that the matter spoken of had been created 



NORTH-WESTERN TERRITORY. 4^ 

question arises, how far does it account for the facts men- 
tioned above ? It may be presumed, that when the veget- 
able productions of the earth were made, the Creator 
ordained the means, or the law, by which they were to be 

anterior to the commencement of the work of creation, described as having 
been finished in six days. The terms employed are not susceptible of any 
other interpretation. They affirm that " in the beginning, God created the 
heaven and the earth" — they describe the condition of that primitive creation, 
before and at the time, the Spirit moved upon it; and, as that movement pre- 
ceded, in point of time, the commencement of the work of creation, stated in 
the verses following, the matter, on the face of which it was made, must also 
have preceded it. 

These two verses seem intended to show, what the Creator had done in the 
beginning; but when the beginning was, we are not informed. It might have 
been myriads of ages, before our system was organized, possibly from all eter- 
nity. Be this as it may, the inspired pen, which made the record, has written 
it down in terms not to be mistaken; that the matter composing this system, 
was created, and in existence, before the system itself was arranged. 
",' Moses, having given a description of the matter created in the beginning, 
proceeds to recite, what portion of the work of creation was accomplished, on 
each of the six consecutive days. On the first, he tells us, the Spirit of God 
moved on the face of the waters; and the command was given, " Let there be 
light." That command was obeyed. Light was produced, and called Day — 
darkness was separated from it, and was called Night. The inspired writer 
then informs us, that the evening and the morning were the first day. 

The conclusion to be drawn from this statement is, that the formation of the 
Sun was completed during the first day, and that before the commencement 
of its organization, the particles which compose it, were diffused throughout 
the entire mass of matter, from which it was formed. On this supposition, 
the command of the Deity might have been literally obeyed, by any process, 
which would collect the particles of light from all directions, into one body at 
the centre of chaos; nor would it be inconsistent with the narrative, if that 
process should have been carried on gradually, by the operation of laws, im- 
pressed on matter at its creation, for the very purpose of producing that result. 
But whether this hypothesis be sustained or not, it is certain that the Sun, 
the source of light, was completed by some process, in the first of the six 
periods denominated days. 

It cannot be a matter of great moment, what the duration of that period 
was, for with the Deity, "one day is as a thousand years, and a thousand years 
as one day." The command might have been instantly obeyed; the particles 
which compose that body, might have moved, at once, to the centre of chaos, 
now the centre of the solar system ; and it might have been formed in a mo- 
ment, and might instantly have thrown out its light upon the surrounding 



440 BURNET'S NOTES ON THE 

reproduced and perpetuated ; and it would seem that those 
means ought to be found in this extract, though it may be 
difficult or even impossible to comprehend them, or the 
manner in which they operate. 

darkness. The text will bear that construction, and, irrespective of knowledge 
derived from geological research, and from other sources, perhaps no expositor 
of the Bible would feel disposed to give it any other interpretation; but yet it 
is difficult to find a reason, why it may not receive a different one, with equal 
propriety, and in perfect consistence with the verity and fidelity of the re- 
velation. 

In the Almighty mind there is no division of time — no present, past and 
to come — it is one unceasing now — all portions of duration are as points, whe- 
ther days or years, or thousands of years. He might have created the system 
in a moment — in the twinkling of an eye — without intermediate agencies, as 
well as to have done it in six days; but he chose not to do so. He saw proper 
to make it a progressive work, and to complete it in different, successive pe- 
riods, the duration of which would seem to be a matter of but little moment, 
while the truth of the narrative is acknowledged and believed. 

The purposes of the revelation are equally gained, whether the days spoken 
of be considered as periods of twenty-four hours, or of much longer duration. 
On the first supposition, there is a difficulty to encounter. The evening and 
the morning had completed the first and the second day, before the earth was 
formed, or could have made a revolution on its axis, by which our days are 
known and measured. Of course, three of those periods must have passed, be- 
fore that measurement of time existed. How, then, could there be an evening 
and a morning constituting a day, as we understand that term, till the sun 
was created, and the earth put in motion in its orbit and around its axis? 

He who contends for the literal meaning of the word day, used in this chap- 
ter, and insists, that it must mean a period of twenty-four hours, and no more, 
should pause and reflect, whether it does not arm the enemies of revelation 
with a weapon not easily to be parried. How would the friends of the Bible 
succeed in defending it against the attacks of infidelity, if they were to main- 
tain the rule of literal interpretation throughout? Large portions of it are 
necessarily admitted to be figurative, and receive all their application and force 
from that admission. 

What would be the interpretation of the seventy weeks of Daniel, if the term 
week were to be taken in its literal meaning? All commentators agree that 
in that connection it means a much longer period than the word expresses, 
according to its popular acceptation. Why, then, should the same rule of inter- 
pretation be rejected, in the present case, and these difliculties be encountered, 
when they may be so easily and naturally avoided? If this license can be 
taken, the work of creation may have been completed, in the order recited by 
Moses, by the operation of laws ordained by the Almighty, calculated to pro- 



NORTH-WESTERN TERRITORY. 441 

It appears to be a reasonable conjecture that each variety 
of tree and plant, was originally endued with some active 
principle or virtue, peculiar to itself, which, when commu- 
nicated to the earth, and exposed to the action of heat, air, 

duce the results he intended, and which were in fact produced, in obedience to 
his will. This hypothesis does not infringe on the verity of the Mosaic account; 
and most certainly, it does not detract from the infinite power of the Creator. 
It rather gives a more exalted, as it does a more intellectual idea, of his majesty 
and glory. 

There is something sublime in the contemplation of such a union of power 
and wisdom, as must be brought into exercise by a being, who ordains laws, 
operating silently through all space, producing in exact accordance with his 
will, and in the precise time intended, such stupendous results as we see dis- 
played in our planetary system. The fact that those laws accomplished the 
purpose of him who ordained them, by slow progressive action, so as to con- 
summate the intended results in the course of many ages, detracts nothing 
from the power and wisdom of their divine author. On the contrary, it rather 
exalts and magnifies both. 

As far as the attributes of the Divine character are concerned, the produc- 
tion of these results, by the influence of laws operating for unknown ages, 
and formed with such precision as to produce in the end the exact result pre- 
determined by their author, must, if such a thing be possible, excel the glory 
of speaking them into being instantaneously. 

There is a grandeur in the conception of such an immense mass of chaotic 
matter, as Moses describes, filling the vast space occupied by the solar system, 
first created out of nothing, and then reduced to order and beauty by the silent 
action of laws devised for the purpose. 

The means by which the Creator saw proper to organize the heavenly bodies 
— place them in their orbits, and perpetuate their movements, were of his own 
choosing. All that is here contended for is, that his attributes are equally illus- 
trated in the work of creation, whether he accomplished it instantaneously, by 
the power of his word, or brought it about in process of time, by intermediate 
causes. 

When the command was given, "Let there be light," might not the laws of 
attraction and gravity, or some other law ordained by the Deity, either disco- 
vered by philosophy already, or yet to be discovered, have begun the process of 
obeying the mandate, by causing the particles which compose the sun to move 
from all parts of chaos to its centre, and there form that glorious orb? If this 
had been the process, no attribute of the Creator would have been diminished 
by the duration of the period in which it was accomplished. 

The discoveries of geological research favor this hypothesis. The examina- 
tion of the surface and interior of the globe, as far as it has been seen, presents 
to the eye remains of the varieties of organized matter, noticed by the sacred 



442 BURNET'S NOTES ON THE 

and moisture, operates as the germinating cause, indicated 
by the phraseology of the quotation ; and that this agent, 
be it what it may, can exist unimpaired in a dormant state, 
for an indefinite period, if it be kept from the direct influ- 
ence of the sun and air. 

It should be borne in mind, that, when the town of Cin- 
cinnati was laid out, the forest presented evidence that the 
surface of the earth had not undergone any material 
change, for many centuries ; as it exhibited the remains 
of trees, which had matured, fallen, and decayed, by the 
side of others still flourishing, and giving evidence that 
they had been growing hundreds of years. The stumps 
must, therefore, have been in the situation in which they 
were found, to wit, ninety-three feet below the surface of 
the earth, during an equal period; and yet when the earth 
about their roots was raised, and scattered over the surface 



historian, affording indications, by their relative position, that they were formed 
in the order stated by him; but they indicate also, that the period occupied in 
their formation must have exceeded, very much, the short duration of a day, 
or a revolution of the earth on its axis. 

At the close of the fourth day, the system was finished, and every planet 
was moving harmoniously in its orbit, around a common centre. It has 
been admitted by divines that when the movement of these bodies had com- 
menced, the Deity suspended the exercise of his direct power, to continue 
their motion, and left them to be moved and guided by the laws to which he 
had subjected them. If this be admitted, the difficulty seems to be removed; 
for it will not be said, that the laws which preserve and regulate the move- 
ments of the whole universe, could not have been employed to organize and 
put in motion a single system belonging to it. There is nothing, then, 
irreverent or unscriptural in the suggestion, that when the Deity created 
matter, he impressed on it laws calculated to bring it into order and sys- 
tem, and so constituted as to accomplish their purpose, in a succession of ages. 

Our limited minds are not able to comprehend the movements of the Al- 
mighty. Though we are told of his attributes, we cannot realize them; and 
although the creation of our world, and the system of which it is a part, has 
been revealed by an inspired pen, how much of the detail can we understand? 
The powers of the narrator were too feeble to apprehend, or explain the modus 
operandi of omnipotence, in the stupendous work of creation. He tells us 
that God commanded, and it was done; but how, or in what manner, the man- 
date was executed, he was unable to explain. 



NORTH-WESTERN TERRITORY. 443 

of the ground, where no mulberry tree existed, young mul- 
berries sprang up in great numbers. 

This fact seems to prove that the earth, which had been 
taken from the well, and spread over the surface of the 
ground, contained the germinating principle which caused 
the young mulberries to grow; and may it not be inferred, 
from this case, that the earth about the roots of every tree, 
becomes impregnated in the same way, and if suddenly 
covered, so as to exclude the action of light and heat, may 
retain its reproducing power for centuries ; and when after- 
wards, uncovered and brought to the surface of the ground, 
may produce the same kind of tree which formerly over- 
shadowed and communicated to it, its power? It is not 
intended here to assert, that this hypothesis accounts for 
the facts stated, but merely to say that it may do so, with- 
out conflicting with reason, or the scriptural record of the 
creation. 

About the time referred to, Mr. Daniel Symmes, when 
digging a well in the eastern part of the town, found a log 
of wood, in a sound condition, at the depth of twenty-four 
feet below the surface. This was also on the upper level, 
but in the vicinity of Deer creek, where the surface of the 
ground is much lower than it is farther west, being only at 
that point eighty-one feet above low water mark. Similar 
discoveries have been made in almost every part of the 
town plat; and in so many instances as to establish the 
fact, most conclusively, that the site of Cincinnati is allu- 
vial, and that the surface of the earth on which it stands, 
was once very far below its present elevation. 

The certainty of this assumption presents another very in- 
teresting question, which has not yet received a satisfac- 
tory answer. From whence, and by what agency, was this 
alluvium brought to the place it now occupies? Did it 
come from the immediate neighborhood, or from a distance? 
To aid in the solution of this question, it may be stated, 
that the place where it is now deposited, is washed on the 



444 BURNET'S NOTES ON THE 

south by the Ohio river; and that on the east, north, and 
west, except at the gap through which Mill creek passes, it 
is enclosed by very high hills, of limestone formation, so 
connected with the adjoining lands as to show that they 
have not undergone any great, sudden alteration, since the 
Deluge ; when they were probably formed by the breaking 
up of the fountains of the great deep. Their present form 
and elevation is such as to indicate, that they did not fur- 
nish the material with which the valley has been filled up; 
and it is still more evident that the deposite was not made 
by the action of the Ohio river, since it occupied its pres- 
ent bed. 

Judging from the surface of the surrounding country, the 
phenomenon may probably be accounted for more ration- 
ally, by assuming that the Big Miami, which now connects 
itself with the Ohio, twenty miles below Cincinnati, once 
came down the valley through which Mill-creek now 
passes, and that the deposit in question was made by the 
agency of that stream, either in the course of many ages, 
or by some unusual, powerful cause, producing its effect 
suddenly. With a knowledge of the ravages caused by 
the elements, within the last two years, it would not require 
a very great stretch of imagination, to conceive of a vio- 
lent convulsion, accompanied with an unusual rise of water 
in the Big Miami, sufficiently powerful and irresistible to 
carry with it the material which filled up its original chan- 
nel, and opened for itself a new one, through which it dis- 
charges itself into the Ohio river, and that the deposit, on 
which Cincinnati stands, was made at the same time. 

The present surface of the Miami country presents no 
objection to this hypothesis; but rather tends to strengthen, 
and to render it plausible, if not probable. Those who are 
acquainted with the valley of Mill-creek, know that it is 
connected with the Big Miami in the neighborhood of Ham- 
ilton, and that there is now a large pond near that place, 
and about twenty miles north of Cincinnati, from which, in 



north-western territory. 445 

wet seasons, the water passes through Pleasant run, into the 
Miami, below Hamilton, and by Mill-creek, into the Ohio, 
at Cincinnati; and that above Pleasant run, east of the 
present channel of the Miami river, and in its immediate 
vicinity, there was a beautiful deep bayou of some extent, 
resembling one of the curves of the river, of which it must 
once have been a part. 

Since the country has been settled, it has been almost 
entirely filled up, with a view of preventing its bad effects 
on the health of the neighborhood ; but at the first settle- 
ment of the vicinity, as the pioneers remember, and as ap- 
pears from the field notes of the original survey, it resem- 
bled the river, so perfectly, that one of Judge Symmes' 
surveyors, Mr. Dunlap, on striking it near Fort Hamilton, 
supposed it to be the Miami, terminated his line, made an 
offset of some miles to the east, and reported accordingly. 

But it is not proposed here to settle the grave questions 
involved in this narrative. " Non nostrum* **tantas componere 
Utes:' 

In the early settlement of the western country, serious 
difficulties existed before and after the adoption of the 
Federal Constitution, relative to the right of navigating the 
Mississippi river. Spain denied the existence of that right, 
and a temporary suspension of it had been proposed, as 
the basis of a treaty with that nation. On that subject, the 
feelings of the people in the West had been so excited, as 
to cause alarming apprehensions for the safety of the Union. 
Resolutions were passed at popular meetings, of an inflam- 
matory tendency, and letters were written to individuals 
in the east, connected with the administration of the gov- 
ernment, demanding the free navigation of the river, with- 
out further delay. They charged the eastern States with a 
conspiracy, to rob the West of a right which was vital to 
its prosperity, by surrendering to Spain the navigation of 
that important river; and they intimated, very plainly, 
that, if their demand was not complied with, the people 



446 BURNET'S NOTES ON THE 

would take the matter into their own hands, and secure 
themselves either by force or by treaty. 

This excitement appeared so alarming as to induce 
President Washington to write an explanatory letter on 
the subject, to some of the leading citizens of Lexington; 
among whom were George Nicholas and John Bracken- 
ridge, disclosing the state of the negotiation with Spain, 
contrary to his usual practice, for the purpose of removing 
erroneous impressions, and allaying the feeling of the peo- 
ple. During this excitement negotiations were carried on 
secretly, between some of the prominent men of Kentucky, 
whose names were generally known, and the Spanish 
authorities at New Orleans; which it was said, terminated 
in an agreement, the object of which was understood to 
be, to detach from the Union a part of the western country 
contiguous to the river, and attach it to Spain. 

Such was the prevailing opinion, and it was known that 
some of the leaders in the project, were men high in office, 
and in public confidence ; and it was even said that com- 
missions had been bestowed on some of them, for the ex- 
press purpose of detaching them from the party. This 
however, will not be credited, if for no other reason, be- 
cause it was inconsistent with the uniform policy of the 
President, and because he never accomplished his purposes 
by indirect means, or committed power to suspected char- 
acters, for the purpose of reforming them. Be this as it 
may, the patriotism of several distinguished persons, both 
in and out of the army, was very strongly doubted. 

While that impression rested on the public mind, a man 
of fine personal appearance and polished manners, by the 
name of Powers, arrived at Cincinnati, from New Orleans, 
in a handsome, neatly finished barge, with a full crew of 
well dressed Spanish boatmen, professedly on a trading 
voyage. If the enterprise was undertaken for profit, the 
cargo on board did not seem to justify the expense of such 
an outfit; particularly as the trip could not be completed 



NORTH-WESTERN TERRITORY. 447 

in less than six months. Some river traders who went on 
board with the view of purchasing, made an estimate, that 
the proceeds of the entire cargo, at fair prices, would not 
be more than sufficient to defray the expense of the voy- 
age ; from which it was inferred, that there was something 
connected with it, which did not meet the eye. This sur- 
mise was strengthened by the fact, that the barge came to, 
on the Kentucky shore, a mile below the town, where there 
were neither improvements nor inhabitants ; and that she 
remained there one or two days before she came up to the 
landing, at Cincinnati. 

Mr. Powers, who commanded the barge, was an intelli- 
gent, enterprising man, born and educated in Great Britain, 
though he had become a Spanish subject; and it was un- 
derstood that he and a Mr. Nolan, who professed to be a 
trader in Spanish horses, and who probably ascended the 
river in the same boat, were in the employ of the individu- 
als before alluded to. From these circumstances it was 
believed, that the barge had been sent by the Spanish 
Governor, with money, for purposes not consistent with the 
allegiance due from Americans, to their government; and 
that the object of landing on the Kentucky shore, in the 
night, was to deliver it, without giving rise to curiosity or 
suspicion. The whole movement was certainly myste- 
rious, and cannot be rationally accounted for, on the com- 
mon principles of mercantile business. 

This expedition was connected, in public opinion, with a 
similar one which had failed during the preceding year, 
under the management of Mr. Owen, an Irish gentle- 
man of fine education and very polished manners. He 
had then recently married an accomplished young lady, in 
Elizabethtown, New Jersey ; and soon after that, came to 
the western country to better his fortune. He brought let- 
ters of introduction to the principal officers of the army; 
and very soon after his arrival, he was sent to New 
Orleans, professedly on public business. From that place 



448 BURNET'S NOTES ON THE 

he came up the Mississippi in a barge, and arrived safely 
at the mouth of the Ohio. But soon after he entered that 
river, he was murdered, and his boat plundered. 

The first report of the catastrophe was, that he had been 
murdered and robbed by the Indians, or by white men, 
disguised as Indians. According to another version of the 
fatal tragedy, he was assassinated by the crew of the 
barge, by whom it was robbed and sunk. Mr. Owen had 
a large amount of specie on board, destined for Cincinnati ; 
and public opinion did not hesitate to name the persons for 
whom it was intended. Both these shipments were con- 
sidered as the fruits of the intrigue above alluded to, which 
was generally called the Sebastian conspiracy. 

In the summer of 1797, the American troops were 
ordered to the West, under the command of General 
Wilkinson. In the year following, the Mississippi Terri- 
tory was established by Congress ; and Winthrop Sargent, 
having resigned the office of Secretary of the North-western 
Territory, was appointed Governor of the new Territory. 
At the same time, William H. Harrison, who had resigned 
his commission of Captain in the army, was appointed to 
the office relinquished by Governor Sargent. 

Before the Governor left Cincinnati for Natchez, the seat 
of government of the new Territory, he gave the writer of 
these notes a pressing invitation to accompany him, as 
a member of his family, promising him his patronage, and 
holding out the prospect of a rapid accumulation of for- 
tune. From a fear of the effects of the climate, on a debili- 
tated constitution, the advantageous and flattering invita- 
tion was declined. At that time, titles to real estate in 
the Mississippi Valley, were in a very unsettled condition, 
and it was foreseen, that as soon as the courts of the Terri- 
tory were established by Congress, controversies, involving 
property of immense value, would arise; suits multiply, 
and lawyers flourish; which proved to be the case. It was 
therefore apparent, that the prospect of professional ad- 



NORTH-WESTERN TERRITORY. 449 

vancement, connected with the patronage of the Governor, 
presented strong temptations to risk the dangers of the 
climate. 

Most of the members of the bar who migrated to that 
Territory, at that early day, with fair pretensions to talents 
and legal knowledge, and who were proof against the 
miasma of the valley, soon acquired fortunes. According 
to the theory of chances, if chance there be, in the moral 
world, the writer might also have found a short road to 
wealth, had he accepted the offer of Governor Sargent; 
but on the other hand, he might have found a shorter one 
to the grave. Upon the whole, after a review of all the 
circumstances connected with the decision then made, 
declining the flattering invitation of the Governor, and 
giving up the alluring prospects of preferment and wealth, 
he can repeat the cheering words of Mneas, to his ship- 
wrecked companions — " Forsan et hose olim, meminisse 
juvobitP 
29 



CHAPTER XXV. 

Sale of public lands on credit. — Debts due to Government from purchasers. 
— Exceeding twenty millions of dollars. — Embarrassments in the Western 
Country. — Purchasers unable to pay. — Lands on the eve of forfeiture. — 
Resistance to the execution of the land laws apprehended. — A plan for re- 
lief concerted at Cincinnati. — Memorial to Congress drawn. — Printed, and 
circulated through the entire West. — The law of 1821 passed, in conformity 
with the memorial. — Grant of lands to Ohio, for Canal purposes. — Condi- 
tions annexed. — Not assented to. — Grant lost. — In 1829-30, the conditions 
repealed, and a further grant made. — Miami Extension completed. — Simon 
Kenton. — Biographical sketches of him. 

Under the system established for the sale of the public 
domain, by the law of 1800, and the acts supplementary 
thereto, an immense debt was contracted, and became due 
to the government of the United States, from the people of 
the West, exceeding by estimation, the entire amount of 
money then circulating in the Western States. That debt 
had been accumulating more than twenty years, and was 
swelling daily, with increasing rapidity. 

In 1821, it far exceeded the ability of the debtors to pay. 
Neither the speculator, who had purchased with a view of 
selling at a profit, nor the farmer, who bought for the pur- 
pose of cultivation, and who expected nothing more than to 
obtain a subsistence for his family, could procure the money 
which was necessary to secure his title. 

It is well known that the first emigrants to the west, and 
the greater part of those v^^ho followed them, from time to 
time, were compelled by necessity to purchase on credit. 
Some of them exhausted their means to the last dollar, in 
raising the first payment on their entries, and others were 



NORTH-WESTERN TERRITORY. «^| 

not able to make up that sum without the aid of their 
friends. 

The writer, who was one of the early adventurers to the 
West, was residing in the Miami country before, and at the 
time, when the sales of the public lands commenced, and 
had a general knowledge of the situation of the great mass 
of purchasers, who were indebted to the government. It 
was his opinion, repeatedly expressed in conversation and 
in the newspapers of the day, that nine-tenths of those 
debtors would lose their lands and improvements, under the 
laws then in force, unless relief should be obtained from 
Congress. That opinion was founded on the general con- 
dition of the country. It was manifest that the pecuniary 
embarrassment which prevailed, was great and universal — 
that the banks in the Western States, had all suspended pay- 
ment — that credit was at an end — that money was not to 
be had, because it was not in the country, and of course 
that no property could be sold for cash on any terms. This 
appalling prospect, spread a deep gloom on the countenance 
of the community. The people were sinking in despair — 
hope had deserted them, and they were preparing to meet 
their fate, with the best resolution they could command. 

The debt due to the government in 1 820, at the different 
Land Offices in the Western States, amounted to twenty- 
two millions of dollars ; a sum which more than tripled the 
ability of the country to pay. There was in fact, a crisis 
in its affairs, and the most buoyant spirits could not indulge 
a rational hope, that the gathering storm could be scat- 
tered, or its ruinous consequences be repaired. 

Thousands of industrious men, some of whom had paid 
one, some two, and others three instalments on their lands, 
and had toiled day and night, in clearing, enclosing, and 
improving them, became convinced that they would be for- 
feited, and their money and labor would be lost. The 
amount of the debt beyond the means of payment, was 



453 BURNET'S NOTES ON THE 

BO great, as to threaten a general bankruptcy throughout 
the West. 

When this state of things became generally known, and 
understood, politicians and patriots, in every part of the 
country, felt serious fears that an attempt to enforce pay- 
ment, by a forfeiture of their land, under the laws of Con- 
gress, would produce resistance, and probably terminate in 
a civil war. It was very evident, that more than half of 
the men, north-west of the Ohio river, were in debt to the 
government, and it was a reasonable calculation, that all 
the residue, felt a warm interest, operating in their favor. 

A similar state of things, though perhaps not to the same 
extent, existed in Alabama, Mississippi, Louisiana, and 
Missouri. An interest so universal, and so exciting to the 
feelings, pervading such a vast extent of country, might well 
create forebodings of danger, in the minds of reflecting men. 
Portions of this debt, were due from individuals who had 
purchased for the purpose of selling at an advance ; and al- 
though less sympathy was felt for them, than for the actual 
cultivators of the soil ; yet, in point of fact, their claims 
were equally strong. But be that as it may, it was quite 
evident, that if an attempt had been made to enforce the 
penalty of the land laws, the influence of that class, would 
have been much the most operative, in organizing and 
sustaining, a plan of resistance. From that consideration, 
the farmers had no dispositon to separate from their fellow 
sufferers, by presenting a claim on their own behalf, foun- 
ded on the peculiarity of their situation. 

When the nation discovered the real condition of those 
debtors, a feeling of sympathy was produced in their behalf, 
throughout the Union, and at the same time many anxious 
fears were excited, as to the consequences of an attempt to 
enforce payment. 

The writer of these notes being one of the sufferers, 
and discovering a disposition manifested everywhere to 



NORTH-WESTERN TERRITORY. 453 

remove the difficulty, directed his anxious attention to the 
subject, with a view of devising a plan of relief. It was 
very manifest, without pausing to deliberate, that the debt 
never could be paid; and consequently, that no plan predi- 
cated on an extension of time, would be of any avail ; and 
that the only effectual method of removing the difficulty, 
was to extinguish the claim at once. That object it was 
believed might be accomplished, by obtaining permission 
to relinquish as much of the land entered, as the purchaser 
could not pay for, with the privilege of applying the money 
which had been paid in, on relinquished tracts, to the credit 
of such other tracts as might be retained, in such manner 
as to save the improvement of the actual settler. That 
privilege, and a release of back interest, it was believed, 
would fully accomplish the object. 

This view of the subject, he stated to his friends, Mr. 
G. A. Worth, Cashier of the branch bank at Cincinnati, 
who was one of the debtors to the government, and to 
Judge Burke, Postmaster at that place ; both of whom cor- 
dially approved of the plan. He then drew up the form of 
a memorial to Congress, setting forth the facts, and praying 
that a law might be passed, granting relief to the memo- 
rialists, in the specific manner stated above ; which was 
submitted to the persons before named, and approved of. 
More than a thousand copies of it were then neatly printed 
on letter paper, by Messrs. Morgan & Lodge, who being 
furnished with the materials, declined receiving any com- 
pensation for their labor. The memorials were accom- 
panied by a circular letter explanatory of the object, and 
were sent to every post office in the States and Territories 
in which public lands had been sold ; directed to influen- 
tial men, who were earnestly requested to multiply copies, 
and send them to every village and neighborhood in the 
States and Territories in which they resided. Among 
others, a copy was sent to Governor Worthington, of Ohio, 
who approved of the plan, and exerted his influence, which 



454 BURNET'S NOTES ON THE 

was very prevailing, to carry it to a successful termina- 
tion. 

The scheme met with universal approbation, and in a 
short time, copies of the memorial were in circulation in 
every part of the Ohio and Mississippi valley. The con- 
sequence was, that at the succeeding session of Congress, 
the tables of both Houses were literally loaded with these 
memorials, signed by thousands of the inhabitants of all 
parts of the western and south-western country ; and with 
here and there an exception, they were in the precise form 
of the original, drawn and printed at Cincinnati. The sub- 
ject was taken up in Congress with great earnestness, and 
the act of 1821 was passed, granting relief in the form 
requested in the memorial. 

In the discussion of the subject, it was evident, that the 
leading members were induced to support the measure, 
from an apprehension of the consequences, to which the 
continuance of the debt would lead; and from a conviction, 
that it was necessary to change the land system, so as to 
require all sales thereafter to be made for cash. Under 
the influence of those considerations, the Hon. Rufus King, 
of New York, discussed the subject in the Senate, with 
great talent and energy. He advocated the plan, because 
it united the double object, of extinguishing the existing 
debt, and of preventing the accumulation of another. 

To reconcile the community to this important alteration 
in the land system, Mr. King proposed to reduce the price 
of the public land, from two dollars, to one dollar and 
twenty-five cents, and to subdivide the surveys into tracts 
of eighty acres, so as to put it in the power of every citizen, 
who was not a confirmed ' loafer,' to become an independent 
freeholder. With those modifications, the plan proposed 
in the memorial, was adopted, with a degree of unanimity 
almost unparalleled. 

By the success of that project, the entire West was re- 
lieved from a state of depression, which, had it been con- 



NORTH-WESTERN TERRITORY. 4g5 

tinued, must have produced results too distressing to be 
contemplated. In practice, the plan adopted was efTective. 
It relieved the nation from apprehension, and the people of 
the West, from embarrassment, and it strengthened their 
confidence in the benignity of the general government, 
while it removed a cause of disquietude and distress, which 
threatened the peace of the country. 

There is another subject connected with the disposal of 
the public lands, full of interest to the people of Ohio, and 
which laid the foundation of their system of internal im- 
provements. In May, 1828, Congress granted to that State, 
five hundred thousand acres of land, for the purpose of aid- 
ing her, in the payment of the debt, which had been, or 
might thereafter be, contracted in the construction of her 
canals. 

The act containing that grant required, that the canals 
which had been commenced prior to its passage, should be 
completed in seven years. By the same law there was 
granted to the State, for the purpose of aiding in the ex- 
tension of the Miami canal, from Dayton to the Lake, by 
the Maumee route, a quantity of land, equal to one-half of 
five sections in width, on each side of the canal, from Day- 
ton to the Maumee river, at the mouth of the Auglaize, so 
far as the same should be located through the public lands. 
This grant for the benefit of the Miami Extension, was 
made on the express condition, that the extension from 
Dayton to the Lake, should be commenced in five years, 
and completed within twenty years ; or the State should be 
bound to pay the United States the price of the land. 

The seventh section declared, that the act should not take 
effect, unless the Legislature of Ohio, at their first session 
thereafter, should express the assent of the State, to the 
several provisions contained in it ; without which it should 
be wholly inoperative. These conditions excited serious 
apprehensions in the minds of the Legislature, and the re- 
flecting part of the community. They were unwilling to 



456 BURNET'S NOTES ON THE 

lose the grant of five hundred thousand acres, and there- 
fore assented to the condition of finishing the canals from 
Cleveland to Portsmouth, and from Cincinnati to Dayton, 
within the period stipulated; but, as it was believed that 
the extension of the Miami canal, from Dayton, on which 
no money had been expended, would be attended with 
great difficulty; and that the cost of construction above the 
amount of the grant, might be greater than the State would 
be able to bear, the Legislature refused their assent to the 
responsibility of completing it, within the time limited ; in 
consequence of which the grant was forfeited and lost, by 
the express provisions of the act. 

Thus the matter stood at the commencement of the ses- 
sion of Congress of 1829-30. At that time, Mr. Burnet, of 
Cincinnati, had resigned his seat on the bench of the Su- 
preme Court of Ohio, and had been chosen by the Legisla- 
ture, to fill the vacancy in the Senate of the United States, 
occasioned by the resignation of William H. Harrison. 

Mr. B. felt a deep interest in the completion of the Mi- 
ami Extension, and determined to make an effort to obtain 
the passage of a law, for the triple purpose of reviving the 
former law — removing the penalty which it imposed on the 
State, and obtaining an additional grant of land, so as to 
ensure the construction of that most valuable work. The 
law of 1828, which contained the penalty just mentioned, 
had not made any provision to aid in the construction of 
such portions of it, as passed over lands not then the pro- 
perty of the government. Consequently, from Dayton to the 
Indian boundary, the State was to defray the entire expense, 
without the aid of government, as the whole of that land 
had been previously sold; neither were they to receive any 
thing for such portions of the route, between the Indian 
boundary and Defiance, as had been located on grounds 
previously sold. Those portions of the route, amounted 
probably to one-fourth of the distance from Dayton to De- 
fiance, for which no provision had been made; conse- 



NORTH-WESTERN TERRITORY. 457 

quently the entire expense of that portion of it, must have 
fallen on the State. 

The feeling which had been manifested in the Legisla- 
ture, and seemed to occupy the minds of a large portion of 
the people of the State, clearly indicated a determination 
to persevere in declining the grant, rather than assume the 
responsibility of completing the work within the time speci- 
fied, under the forfeiture imposed by the law. The question, 
therefore, was, whether it were better to abandon the offer, 
and suffer that improvement to be lost, or make an effort 
to get rid of the objection. It seemed to be manifest, that 
the grant would have been accepted, and the extension 
commenced under the first act, if it had not contained the 
penalty. It was therefore a natural conclusion, that a re- 
moval of the penalty, would obviate the objection, and es- 
pecially so, if, in addition to that benefit, a further grant of 
land could be obtained. Under those circumstances, Mr. 
B. did not hesitate in resolving to make an effort to accom- 
plish both objects. 

He mentioned the subject to his colleague, Judge Rug- 
gles, and to most, if not all, the members from Ohio. They 
gave it as their decided opinion, that the attempt would be 
abortive, particularly that part of it which contemplated an 
additional grant of land ; but all expressed their readiness 
to co-operate in supporting the measure. The prospect of 
success was by no means promising, nor were the hopes of 
accomplishing it, very sanguine ; but the importance of the 
object was so great, that he resolved to make the attempt. 

For the purpose of bringing the subject before the Senate, 
in January, 1830, he offered a resolution, instructing the 
Committee on Public Lands, to enquire, how far it was ex- 
pedient, to alter and to modify the act entitled " An act to 
aid the State of Ohio, in constructing the Miami Canal, 
from Dayton to Lake Erie ;" and to grant a quantity of land 
to said State to aid in the construction of the Canals author- 



458 BURNET'S NOTES ON THE 

ised by law, and to enquire particularly if it were not 
expedient to repeal so much of said act, as provides "that 
the extension of said Miami Canal, shall be completed 
within twenty years, or that the State shall be bound to pay 
to the United States the amount of any lands previously 
sold." The resolution was adopted, and soon after, Mr. 
Barton of Missouri, Chairman of the Land Committee, gave 
notice to Mr. B. that the Committee were ready to hear 
the grounds of his application. 

At their next stated meeting he attended, and addressed 
them at some length in support of the claims of Ohio. He 
urged the great progress she had made in her works of in- 
ternal improvement — the advantage the general govern- 
ment would receive, by the increase of value, which those 
improvements would give to her remaining lands — the 
great hardship of being required to pay government the 
price of the land, after the proceeds of it had been faithfully 
expended, in the prosecution of the work — the impolicy of 
legislating, so as to create penalties or debts, against any 
of the States. 

He also urged the claims of the people of Ohio, as the 
first pioneers to the public domain, and their sufferings du- 
ring the Indian war, which began with the commencement 
of the settlement of the Western Territory. He stated their 
agency in bringing that war to a successful close ; and the 
fact, that they had been compelled to pay two dollars, as 
the minimum price of their lands, making an excess of about 
six hundred thousand dollars above what it would have 
cost them, at the then reduced price. 

He also laid before them a statement, obtained from the 
Commissioner of the General Land Office, showing that 
the whole sum received from the sales of public lands, prior 
to that time, was thirty seven millions, five hundred and 
ninety seven thousand six hundred and fifteen dollars, and 
that the people of Ohio, had paid of that sum, sixteen millions 



NORTH-WESTERN TERRITORY. 459 

four hundred and ten thousand one hundred and fifteen dol- 
lars, a large part of which had been paid under the two 
dollar minimum. 

He also exhibited a statement of the lands, within the 
limits of Ohio, appropriated by Congress to satisfy claims, 
which originated under the old confederation, amounting 
to about nine millions of acres. Estimating those appro- 
priations, at the minimum price, it appeared that the gov- 
ernment had realized from their lands in Ohio, in cash and 
in the payment of Revolutionary claims, about thirty-four 
millions of dollars, almost double the amount at that time 
received from the public lands, in every other State and 
Territory in the Union. He also cited cases in which 
grants of land for internal improvements, had been made 
to other States, without the penalty imposed on Ohio. 

On the exhibition of those facts, the committee were una- 
nimously of opinion, that the claim was reasonable, and 
ought to be granted. 

The next day, at the request of the chairman, Mr. B. 
drew a report, embodying the principal facts in support of 
the claim, and also a bill to carry it into effect. That re- 
port and bill were approved by the committee, and, by their 
order, presented to the Senate by Mr. Barton, with an ex- 
pression of their opinion, that the bill ought to pass. It did 
pass, and became a law during the session. It repealed that 
part of the act of 1828, which contained the penalty, and 
granted to the State an additional quantity of land equal to 
five sections for every mile of the canal located on land 
previously sold by the government; and authorised the 
Governor of the State to make the locations. 

From Dayton to the Indian boundary line, the land had 
been entirely sold. Some tracts had also been disposed of 
above that line, over which the canal passed. On a fair 
estimate of these distances, it will be found that the law 
made an additional grant to the State of about two hundred 
and fifty sections. Judging from the feelings entertained 



460 BURNET'S NOTES ON THE 

by a majority of the State, at that time, in relation to the 
Miami extension, it may be safely assumed, that the com- 
pletion of that important work has been effected by the 
passing of the act in question. The proceedings referred 
to above may be found in the Senate Journal of the first 
session of the Twenty-first Congress, pages 108, 109, 127, 
190, and 193. 

The remainder of this chapter will be occupied by a 
statement of some of the prominent incidents in the event- 
ful life of Simon Kenton, who was, without doubt, one of 
the bravest and most interesting of the Western pioneers — 
he was excelled by none, and equalled only by his precursor, 
Daniel Boone. His biography, as far as it has been pre- 
served, will be read with interest, and his name will never 
be forgotten in the valley of the great West. He was the 
coadjutor of Boone throughout the protracted struggle for 
the occupancy of the rich forests and prairies on either side 
of the Ohio. The exposure and suffering which these reso- 
lute adventurers endured in the accomplishment of that 
object, can scarcely be conceived of, much less realized, by 
one who has not been a pioneer himself. 

While the United States were British colonies, and Ken- 
tucky and Ohio were in their native, uncultivated state, fill- 
ed with Indians, and wholly destitute of white inhabitants, 
those heroic men, as if moved by the finger of Providence, 
left the abodes of civilization, entire strangers to each other, 
and ventured into the midst of a boundless wilderness — 
neither having any knowledge of the purpose or the move- 
ment of the other. 

Boone led the way from Maryland — crossed the moun- 
tains, and entered the valley of Kentucky in 1769; Kenton 
followed from Virginia, in 1773. The former emigrated 
from choice, to gratify his natural taste, after full delibera- 
tion, and after having calculated the consequences. Not so 
with the latter — he fled to the wilderness, to escape the 
consequences of a supposed crime. He had unfortunately 



NORTH-WESTERN TERRITORY. 461 

become involved in a quarrel with a young man of his 
neighborhood, with whom he had lived in habits of great 
intimacy and friendship, and, as he supposed, had killed 
him in a personal conflict. For the purpose of avoiding 
the consequences of that imaginary homicide, and to escape, 
if possible, from the distress of his own feelings, he left his 
home and his friends, without waiting to ascertain the 
result, and, unaccompanied by any human being, crossed 
the mountains and descended into the valley of the Big 
Kanawha, under the assumed name of Simon Butler. He 
retained that name several years, and until he received 
information that his friend, who, he supposed had fallen 
by his hand, had recovered from the blow inflicted, and was 
living and in health. He then resumed his proper name, 
and disclosed the reason which had induced him to change 
it for the name of Butler. 

It is a matter of much regret, that so small a portion of 
the achievements of this interesting man have been pre- 
served. This may be accounted for by the fact, that a 
large part of his life was spent in the wilderness, either in 
solitude, or associated with adventurers of the same cast 
with himself; and it explains the reason why we are not 
only without a connected narrative of his life, but have so 
few of the isolated transactions of it perpetuated. 

It is known, however, that after he joined the adven- 
turers in the district of Kentucky, about two or three years 
before the Declaration of American Independence, he was 
engaged in all the battles and skirmishes between the 
white inhabitants and the savages. He was also an en- 
terprising, intrepid leader, in most of the expeditions 
against the Indian towns northwest of the Ohio. These 
conflicts continued during the long period of twenty years, 
intervening between the time of their commencement and 
the decisive battle at the Rapids of the Maumee, in Au- 
gust, 1794, which was followed by a general peace. 



462 BURNET'S NOTES ON THE 

He was a striking example of cool, deliberate bravery, 
united with a tender, sympathising, heart. In times of 
danger and conflict, all his energies were enlisted in the 
struggle. He fought for victory, regardless of consequen- 
ces, but the moment the contest was over, and his feel- 
ings resumed their usual state, he could sit down and weep 
over the misery he had assisted in producing. 

During a large portion of his life, solitude, danger, and 
want, were his attendants, and necessity had so familiar- 
ised him to privations, that he could endure abstinence 
from food, and subsist on as small a quantity of it, without 
injury to health or strength, as the savages themselves. 

During his residence in the wilderness, the land war- 
rants, issued by the Commonwealth of Virginia, were easily 
obtained. After the holders were permitted to locate them, 
west of the mountains, he found no difficulty in possessing 
himself of as many of them as he desired; and having tra- 
versed the wilderness in every direction, his topographical 
knowledge enabled him to select for location, the best and 
most valuable tracts in the country. Had he possessed the 
information necessary to enable him to make his entries 
sufficiently special to stand the test of legal scrutiny, his 
locations would have been the foundation of a princely for- 
tune for himself and his family. 

Unfortunately, however, he was uneducated, and al- 
though his locations were judicious, and his entries were 
made in the expressive language suggested by a vigorous 
mind, yet they were not sufficiently technical, in conse- 
quence of which, the greater part of them were lost, by 
subsequent entries, more specifically and technically made. 
He succeeded however, in retaining a few of them, which 
were sufficient to make him entirely independent. 

The first authentic information we have of him, after he 
left the place of his nativity, is, that he was engaged in 
the great battle fought at the mouth of the Big Kanawha, 



NORTH-WESTERN TERRITORY. 463 

between the Indians and the troops of Lord Dunmore, 
while he was Governor of the Province of Virginia; in 
which he, (Kenton) was distinguished by his bravery. 

The next intelHgence is, that in 1775, he was in the dis- 
trict of Kentucky commencing a station, near the spot 
where the town of Washington now stands. Not long 
after that work was done, the station was discovered, 
attacked, and destroyed, by the Indians, and it does not 
appear that he made any effort to re-occupy it till 1784, 
after the treaty of peace with Great Britain. In that year 
he rebuilt his block house and cabins, and proceeded to 
raise a crop; and though frequently disturbed by the In- 
dians, he continued to occupy and improve it, till he re- 
moved his family to Ohio, about eight or nine years after 
the treaty of Greenville. 

He was always considered one of the boldest and most 
active of the defenders of the western country, from the 
commencement of its settlement till the close of Indian 
hostilities. In all their battles and expeditions he bore a 
conspicuous part. He was taken prisoner several times, 
and conveyed to the Indian towns, but in every instance 
made his escape and returned to his friends. On one of 
those occasions they determined to destroy him, by a most 
barbarous plan. He was put on a horse, without saddle or 
bridle, his feet lashed under the body of the animal, which 
was turned loose and left to follow the party to the Miami 
villages. In that way he was compelled to travel several 
days in succession. When he reached the end of his jour- 
ney, he was bruised from head to foot, and some of his 
limbs were broken. Although it was the manifest object 
of the savages to destroy his life by that process, j^et he 
survived, and after his bruises and fractures were healed, 
by the kind care and attention of the squaws, he made his 
escape and returned to his family. 

On another occasion he was captured when on an expe- 
dition against the Wabash villages, and taken to one of 



464 BURNET'S NOTES ON THE 

the remote Indian towns, where a council was held to 
decide on his fate, which condemned him to run the gaunt- 
let, as it was called. In the infliction of that cruel punish- 
ment the Indians formed two lines, about six feet apart, 
each of them armed with a whip or a club. The prisoner 
was compelled to run through those lines, from one end to 
the other, and receive a blow from every Indian as he 
passed. If he fell in the race he was immediately put to 
death, but if he succeeded in getting through, without fall- 
ing, and afterwards recovered of his wounds, he was 
spared. Kenton passed through the dreadful ordeal with- 
out falling, but was so bruised and exhausted that he fell 
to the ground the moment he reached the goal. On that 
occasion he was again indebted to the sympathy and medi- 
cal skill of the squaws, by whose kind offices his life was 
saved. Soon after his recovery, he again escaped from his 
captors. 

At the commencement of the war of 1812, he w^as a 
citizen of Ohio, residing in the vicinity of Urbana, and then 
bore on his person the scars of many a bloody conflict; yet 
he repaired to the American camp, and tendered his ser- 
vices as a volunteer in the army. His personal bravery 
was proverbial ; his skill and tact in the modes of Indian 
warfare were known throughout the West; and as the 
frontier at that time abounded with Indians, most of whom 
had joined the British standard, the services of such an 
experienced Indian fighter, as Simon Kenton, were highly 
appreciated by General Harrison and Governor Meigs, 
each of whom had known him personally for many years. 
The offer was of course, promptly accepted, and the com- 
mand of a regiment conferred on him. 

While a portion of the army were stationed at Urbana, 
a mutinous plan was formed by some of the militia, to 
attack an encampment of friendly Indians, who had been 
threatened by the hostile tribes, and were invited to remove 
with their families, within our frontier settlements, as a 



NORTH-WESTERN TERRITORY. 465 

place of safety, under an assurance that they should be 
protected. 

Kenton remonstrated against the movement, as being 
not only mutinous, but treacherous and cowardly. He vin- 
dicated the Indian character against the false charges 
which were alledged, in justification of the outrage they 
were about to perpetrate, and warned them against the 
infamy they would incur, by destroying a defenceless band 
of men, women, and children, who had been induced to 
place themselves in their power, by a solemn promise of 
protection. 

He appealed to their humanity, their honor, and their 
duty, as soldiers. He contrasted his knowledge of the 
character of those unfortunate people, with their ignorance 
of it. He told them he had endured suffering and torture 
at their hands again and again, but that it was in time of 
war, when they were defending their wives and children, 
and when he was seeking to destroy and exterminate 
them; and that, under those circumstances, he had no 
right to complain, and never did complain. But, said he, 
in time of peace they have always been kind, faithful 
friends, and generous, trustworthy, men. 

Having exhausted the means of persuasion, without 
effect, and finding them still resolved on executing their 
purpose, he took a rifle and called on them to proceed at 
once to the execution of the foul deed; declaring with 
great firmness, that he would accompany them to the 
encampment, and shoot down the first man who attempted 
to molest it. My life, said he, is drawing to a close; what 
remains of it is not worth much; but much or little, he 
was resolved, that if they entered the Indian camp, it 
should be done by passing over his corpse. Knowing that 
the old veteran would fulfil his promise, their hearts failed 
them — not one ventured to take the lead: — their purpose 
was abandoned, and the poor Indians were saved. 

Though Kenton was brave as Napoleon, and as per- 
30 



Ibcdy regardless c : . . r. Jit ;.?-^arse 

of dotr. yet h art 

tkateoold'^' 

dwtdatss 

ftik. and -wt 7: ire Me^ are alvmjs 

bbU, auable. . — ~ -wUck »« Ae 

Qsaal atteadar:- : -:- 

When Ifr. B. fiist be :! iiri a: 

MuKtta,m tke &n rf ITtnx ike v^iLS i: :: _Lr 
cxal Govt of &e TemtDT^ - -^- .. 
jooi^ laaa 'wim kad been . 
IGHa-. He -was tbea posessed ot a iatge ^: 
■Mve geaqo ^ kind beaited maa, £d aaC . 
earlk. ffis door was always <9^ ''^SoAcr ~ 
fiiod ever ftfoad it ^nt aad ^ke laft^-sbn^ 
TVaTclexs of exeiy grade were receired wi- 
treated witb kospiiaJhy. and pr e s s ed to s^ay. 
deace was m Kentocky. m Ae Tkouty of Ws^ , 
wbere be calrl . - i 
Ibtifitr to any 

bt 1797 Ifr - f to Jjesa^yaL, 

stopped a dav iebad^«<cB 

bnaattbeM^: gyear; 

and partook c: _ 

UnlbrtBaalelv. > . too 

SCMHBOftkei: 

fief^ediBe&wv 

tillkewasdc 

daaepriiie^^' 

■"^B « ■".!■ ■! - 

dedtike maa^^ 

ke was rednr- 

d ep e a d ea toE 

poor, aad dep 

bmd. He was ukl ai- 




ke aad fcis <i tfVfiMg ^rere m futcil^, sad tike dA- 

•f fenlHiH^mipkai deoawd aai ploBiendl km, 

^TcieBiMgmBgHiBii,— AeyMkrf fciBfeife,hetJi 

Mr. BMKt B OM «rikar fan^ envtasatkMs, dnttke ^rhH 

OBs mi& lke» fat ike ^realtk of ike 

laa,"" saii ke, «liksed vilk keal&-I ka»« a 

■M afeep caUf , ani am fwtriteA' ' 

Gf-r Vaape,rfOiia,w«»>-iraHafii ■■■! fiieadrfthe 

- Te,fart k^l^MrilaDMsp«eer; amlkad 

- ^Mga kJM 1^— i,k a« Hawse qf 

: ^ kim a pca^MB, at two 

f Mr. B. became a mcm b g af dbe Scmalc Wkem 

nf KcHtaft met at Wa^i^lcm CSi^, m 1«B. 

f^tomakeaMdbercibit^mUsbckalt Gc&. 

r i>»it»e«-^ke affiitliua m tike Hooae, 

.1 as eaily a penod im die sesskm, as 

w-a^ pos5 ^ ragaged to give it a aeiakma si^ 

port ia 11 Vuee ledeoBied kk pMge, aiid 

earned &f : r Hovee. Ilcametotibe 

fate m ti f^red to tke 

\^'>7ie &e r iiMifii i at 
voon :. : ~: ^ f : saiisrr tkem, tikat it 

s jti^ r j: ;_ : ba<i. ^dA Acsr 

opmirr -.1 , - 

riewse, tkat 



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C - ^latAe 

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la^srs :u=t5 op- 

poeei - - .if :' :t:i 

a d&r - 



46S BURNET'S NOTES. 

bition of the sendees and suflerings of the applicant. It 
was shown, that his life had been a succession of exposure 
and privation in defending the frontier settlements, from 
the desperate battle of Point Pleasant, in 1774. to the last 
victory of Harrison, on the Thames. The friends of the 
measure, contended that if Kenton's case should become a 
precedent, it could not be a dangerous one. because it was 
sui (generis, and without a parallel ; but that if there were 
other cases of equal heroism and suffering, they would form 
a new class, as meritorious as any of those, which had been 
provided for by law. 

During the discussion, the feelings of Gen. Smith, of Bal- 
timore, became warmly enlisted. He made a brief appeal 
to the humanity and justice of the Senate, in favor of the 
bill, in which he declared very emphatically, that if there 
was not a law for the relief of such heroes as Kenton, 
there ought to be one : but whether or not, he Avould give 
him a pension. The bill passed, by a large majority-, and 
as it referred back to the date of the first application, and 
directed the pension to be paid from that time, it gave him 
an ample support for the remnant of his life. 



CHAPTER XXVI. 

Mr. John Reily. — Serves in the Army of the South during the Revolution. — 
His claim to the gratitude of the country. — Removes to the Xorth-westeru 
Territory. — View of the Territory. — Pioneer life. — Sketch of the services of 
Mr. Reily in the West. — His uprightness and integrity. — Neglect of the 
pioneers to preserve accurate records. — The ill consequences. 

Mr. John Reily, one of the small band who assembled 
under Major Stites, in the fall of 17SS, to commence the set- 
tlement of Colmnbia. was not only a Western pioneer, but 
had been a soldier in the Revolutionary War. from an early 
period after its commencement to its final close. He en- 
listed in Xorth Carolina, his native State, and was after- 
wards ordered to join the army of the South, under Gen. 
Green, in which he continued to serve during the three ex- 
hausting campaigns which ensued, and until the splendid 
victory over the British at the Eutaw Springs had covered 
the army with glory. That brilliant aliair. in which 3Ir. 
Reily was distinguished by his bravery and good conduct, 
\vas near the close of tlie Revolutionary struggle, and so 
crippled the enemy in the Soutli as to deter them from any 
further eflbrts in that quarter. 

Every body Avho knows ^Mi*. Reih* personally, must have 
j remarked the diliidence with which he refers to himself, 
I and A\-ith what reluctance he speaks of the transactions of 
his hfe; especially those which were attended with personal 
danger and privation, or were productive of beneficial re- 
sults to the community or to individuals. It has often been 
I remarked, that when his attention has been called by a 
' question, or otherwise, to some interesting event of his life, 



470 BURNET'S NOTES ON THE 

for the purpose of eliciting information, he has manifested 
much embarrassment, resulting from an unwillingness to 
become the herald of his own fame; hence it is, in part, 
that his friends have not learned more of the interesting- 
incidents of his long and useful life. 

Nothing is wanting but a correct biographical sketch of 
him to place his name with the names of those who in all 
time to come, ought to be remembered as patriots and de- 
voted friends to their country. Services like his, which 
commenced in the most gloomy period of the Revolution, 
while he was yet a minor, and were performed in a part of 
the country in which the army was exposed to incessant 
toil and suffering, in an unhealthy climate, cannot be valued 
too highly, or repeated too frequently. It is now but very 
seldom that persons are met with who were engaged in the 
movements and events of the great struggle which made 
our country independent. The mass of them, probably 
ninety-nine in a hundred, have been gathered to their 
fathers; and the few who remain, with here and there an 
exception, are compelled by the debility of age to withdraw 
from active life. There are, however, some yet living who 
at the Declaration of Independence had acquired enough 
of the strength of manhood to grapple with the enemy. 

That Mr. Reily was of that number, appears from the 
records of the War-office, and the certificate of an honora- 
ble discharge under the hand and seal of Washington. — 
The writer was not one of the adventurers who commenced 
the occupancy of the Miami valley, in 1788, though he soon 
followed, and became one of their number before much 
progress had been made in the accomplishment of their 
great object. 

When Mr. Reily selected the North-western Territory as 
his permanent home, it wore the rich, beautiful garb which 
nature had given it, neither disturbed nor marred by the 
hand of art. Its great fertility was seen in the exuberance 
and variety of its productions. Its forests and natural 



NORTH-WESTERN TERRITORY. 471 

meadows, filled with game of the finest varieties, seemed 
to have no limits. Its only inhabitants were the aborigines, 
whose ancestors had owned and occupied it during a long 
succession of ages. This they learned from tradition. They 
knew that the country was theirs, and that the white man 
was an intruder — nor did they doubt for a moment their 
ability to maintain their rights. Hence their intercourse 
with the pioneers, in the first instance, was of a friendly 
character. At that period of their history they were com- 
paratively a moral people — if they professed friendship they 
were kind and faithful; but if otherwise they were ferocious 
and cruel. 

At first it was not difficult to win their confidence, and, 
that point gained, the pioneers felt themselves safe. This 
security, however, continued but for a very short time. The 
British government, which was then withholding from the 
United States the forts of Maumee, Detroit, and Mackinaw, 
in violation of the treaty of 1783, saw the efforts the Ame- 
ricans were making to settle and improve the North-west- 
ern Territory, and were alarmed at the power and inffuence 
which they would obtain over the Indians by the completion 
of that plan. They saw, also, as a matter of course, that 
it would soon compel them to relinquish the posts and re- 
tire within their own territory, and they determined, if prac- 
ticable, to defeat it. 

The most effectual way of accomplishing that object was 
to poison the minds of the Indians, which they did through 
the instrumentality of their agents, by telling them that the 
people of the United States were their natural enemies — ■ 
that they were about to seize their lands and drive them 
beyond the Lakes, and that their only chance for safety 
was to crush the American project in its commencement. 
These appeals produced the desired effect, and the conse- 
quence was that when the pioneers were beginning to gain 
the confidence and friendship of the natives, their progress 



472 BURNET'S NOTES ON THE 

was suddenly checked by manifestations of hostility, at ev- 
ery point where settlements had been commenced. Thus 
were their hopes dashed, and in place of the friendship 
they anticipated, they were admonished that they had to 
encounter a deadly foe in every savage they met. Such 
being the fact, the great disparity of numbers between the 
few adventurers who first crossed the Ohio, and the hordes 
of savages who then occupied the forest into which these 
adventurers had penetrated, would lead to the conclusion 
that the pioneers must have been overwhelmed, without 
even the possibility of an escape. 

Such, however, was not the fact. Though in jeopardy 
every hour, and expecting to meet an enemy at every step, 
their courage did not desert them, nor did they harbor a 
thought of abandoning their purpose. Being hourly in 
danger and always prepared to meet it, habit soon made 
their condition familiar and robbed fear of its distress. 

This concise sketch may be taken as an epitome of the 
life of the pioneer from his first attempt to settle the Terri- 
tory, in 1788, till the treaty of General Wayne, in 1795. 
As Mr. Reily was actively engaged in all these struggles 
and dangers, from their commencement to their close, he 
comprehends them well; but no person can. form a just 
conception of the privations and dangers of a pioneer, who 
has not been a pioneer himself. 

In connection with these transactions, in which Mr. Reily 
participated so largely, it may be added, that during the 
first eight years of his residence in the Territory, his life 
and habits were necessarily those of a soldier. The set- 
tlers were so constantly exposed to the enemy, that their 
safety consisted in being ready at a moment's warning to 
resist an attack. If you enquire of any of the few pioneers 
who survive, they will tell you that it was as natural for 
them to carry their rifles to the corn-field and the potato- 
patch, as their hoes or other instruments of husbandry; and 



NORTH-WESTERN TERRITORY. 473 

that when they collected on the Sabbath, to engage in the 
duties of religion, whether in a cabin or under a tree, it 
was with loaded rifles at their sides. 

It is impossible for those who have recently come to the 
western country, to realize the true situation of the pion- 
eers. They encountered danger, privation, and suffering, 
in forms not easily conceived of, and more appalling than 
those of hunger or exposure to the elements. But what- 
ever they were, Mr. Reily partook of them all, without mur- 
mur or complaint. With him it was a matter of calcula- 
tion. Before he crossed the mountains, or placed his foot 
beyond the limits of civilized society, he counted the cost, 
and made up his mind deliberately, that he would conform 
himself to the requirements of his new condition, be they 
what they might. He redeemed that pledge, and in the 
winter of 1791, which was the midnight of the protracted 
conflict, he manifested no despondency. 

The defeat of General St. Clair, and the ruin of his army, 
on the 4th of November of that disastrous year, gave the 
savages unrestricted access to the American settlements. 
The consequences of such an exposure, are very apparent. 
The pioneers were assailed by an enemy outnumbering 
them twenty to one, and were dependent for safety on their 
ingenuity and bravery, rather than on any thing else; yet 
their hearts were resolute and their faces cheerful — each 
encouraged his fellow, and all adopted the motto, " nil des- 
•perandximP 

In the trials and sufferings of that gallant band, Mr. Reily 
had a full share. If a station or a settlement were attacked, 
he was among the first to go to its relief. If a murder or 
other depredation was committed, he was ready to take 
the trail and pursue the enemy without loss of time. 
In common with his hardy companions, he seemed to feel 
and act as if danger were the natural condition of man, and 
his duty consisted in meeting it without reluctance and 
without fear. 



474 BURNET'S NOTES ON THE 

True bravery seems to be the firm exercise of resolution 
resulting from calm reflection, rather than any distinguish- 
ing property or quality of mind, inherent in some men, but 
not in others. This idea is countenanced by the fact that 
the bravest men who have ever lived — men who have given 
evidence time and again, that it would be as easy for them 
to commit suicide as to refuse an act of duty because there 
was danger attending it, have been as careful to avoid ex- 
posure when unnecessary, as they have to seek it when it 
became a duty to do so. It is also corroborated by the fact 
that there has not been one instance of cowardice among 
the pioneers — not because their minds or nerves were or- 
ganised differently from those of other men, but because the 
circumstances, in which they had voluntarily placed them- 
selves, were such as identified the exercise of the most 
heroic courage with both duty and safety. Superficial rea- 
soners are apt to confound caution and prudence, with 
timidity and fear, though there is not the least similitude 
between them. 

A brave man retires as instinctively from danger when 
exposure is useless, as he seeks it when it becomes a duty : 
but whether these reflections be philosophical or otherwise, 
it must be conceded that there were no cowards among the 
pioneers, which is enough for the present purpose, let the 
fact have come to pass how it may. 

Immediately after the close of the Revolutionary War, 
Mr. Reily resolved to establish himself in Georgia, and 
make that State his permanent residence, and actually 
went there with that view. Soon after his arrival, he pur- 
chased a warrant for one thousand acres of land, lying on 
the frontier, with an intention of settling and improving it ; 
but was prevented from doing so by the hostility of the In- 
dians, who claimed the land, and denied the right of the 
State to dispose of it. 

After remaining in that unsettled condition for some time, 
he became convinced that there was no prospect of a speedy 



NORTH-WESTERN TERRITORY. 475 

termination of the difficulty with the Indians, and being 
anxious to make a permanent location somewhere, he left 
his land and moved into Tennessee. From thence he pro- 
ceeded to Kentucky, and, after a short residence in that State, 
he came to the Miami Purchase, and settled at Columbia. 
He was one of the companions of Major Stites in laying 
out and improving the village. There his acquaintance 
commenced with the venerable Judge Dunlavy, who was 
also a pioneer eminently distinguished for energy and zeal 
in the little band of adventurers, who like a forlorn hope, 
preceded the multitudes destined to follow in their train. 
A friendship then began between him and Mr. Reily, which 
continued to increase and become more confidential till it 
was terminated by the death of the Judge. 

In all the different offices and agencies held by Mr. Reily, 
he performed his duty with great fidelity and exactness. 
As Clerk of the House of Representatives of the North-wes- 
tern Territory, which he held from the commencement of 
the second grade of government in 1799 till the establish- 
ment of the State Constitution, his devoted attention to the 
business of the House, and the neat correct manner in which 
it was performed, were generally noticed and spoken of. 

In the Convention which formed the Constitution of our 
State, though he spoke but little, yet the confidence placed 
in his judgment gave him a very perceptible influence. 

Having been appointed Clerk of the Common Pleas and 
the Supreme Court, and also the Recorder of Butler county, 
at its first organization in 1803, he became intimately con- 
nected with the Commissioners of that county, and, in fact 
had the chief management of their finances, which were 
conducted with such prudence, that it did not become neces- 
sary either to contract an onerous debt, or to subject the 
people to unreasonable taxes. His attention to the affairs 
of that county was so faithful and efficient, that nothing 
was more common than to hear him called the " Guardian 
of the people of Butler." 



476 BURNET'S NOTES ON THE 

With the exception of Mr. Hugh Boyle, of Fairfield, he 
held the office of Clerk of the Courts, for a longer period 
than any other individual in the State. The neatness with 
which the papers in his office were endorsed and filed, and 
the order and care with which they were kept, was the 
subject of general remark. But it is needless to enlarge 
on this subject. It is generally known that through life, 
his duties in every station have been attended to with a 
degree of punctuality and care rarely to be met with. 

While multitudes who hold offices, look on them as mere 
sources of profit, he has considered them as personal trusts, 
conferred for the public good, and requiring at his hands a 
punctual and thorough performance of the duties they en- 
joined. His veracity and integrity have never been ques- 
tioned — they are proverbial, and the prevailing opinion 
is, that in all his dealings it has been his aim to do justice, 
and, in cases of doubt or dispute, to render more than he 
believed to be due, lest he might ignorantly render less. 

The Clerkship of the Supreme Court, is the only office 
recently held by this Revolutionary soldier, which having 
been voluntarily resigned, he is now, and has been for a 
few years, living in retirement at the advanced age of 
eighty-six years, enjoying as ample a share of health as 
could be expected by one, whose constitution has been tried 
as severely as his. 

If the reader will look around him, he will find but very 
few of the fellow pioneers of Mr. Reily among the living. 
They have gone to their long homes, soon to be followed 
by their surviving comrades. How few of the multitudes 
who are daily enjoying the fruits of his toil and exposure, 
are aware of what he has done and suffered to procure 
them ! A consciousness that millions now inhabiting the 
West, enjoy the benefits and blessings secured by him and 
his hardy associates, affords him great pleasure; though 
he is aware that they know him not, and do not recognise 
the existence of any obligation. 



NORTH-WESTERN TERRITORY. 477 

In every condition in which he has been placed in life, 
it has been his ambition to perform his duty promptly, 
faithfull}^, and fearlessly. When called to face the public 
enemy, he never evaded the call, or left others to incur the 
danger which it was his duty to meet; and being always 
at his post, his name never was enrolled on a list of 
defaulters. 

The thought has often crossed the mind of the writer, 
that the more intelligent portion of the pioneers, were by 
far too negligent in preserving written memoranda of the 
transactions which took place, in the early settlement of 
the Western Territory. Had each of them preserved a 
sketch, however simple and concise, of the events of which 
he was a participant, in the order of their occurrence, they 
would have furnished the material of one of the most inter- 
esting, and thrilling histories, that has yet been published. 
This, however, was not done, except in a few cases, and 
in a limited degree, and it is now justly apprehended, that 
the great zeal which exists to remedy this omission, and 
the careless manner in which it is done, by receiving state- 
ments freshly reduced to writing, as coming ex cathedra, 
Mdthout proper caution, will be the means of imposing on 
society narratives of our early settlements, which will not 
be entitled to the confidence of posterity. 

However desirable it may be, and it is admitted to be so 
in a high degree, to preserve and transmit to posterity a 
faithful account of the pioneers of the North-west, and of 
the means by which they were able to sustain themselves, 
with scarcely any thing to rely on but their courage and 
perseverance, yet it will be far better to let it all sink into 
oblivion, than palm on the world as truth, such fabulous 
stories as we frequently meet with. If it be desirable to 
preserve truth to the exclusion of fable, these statements 
must be received with great caution, and rejected promptly 
if their authenticity be not attested by unquestionable 
proof. Society sustains as much, and probably more, 



478 BURNET'S NOTES. 

injury from falsehood imposed on them for truth, than they 
do from the suppression or loss of truth. 

In all periods of the world, with but few exceptions, men 
have been pleased with the thought that a knowledge of 
their useful and brilliant achievements, will survive them 
for ages after they are gone. Such feelings are highly 
commendable, as they are strong incentives to useful and 
honorable effort. They should for this reason be encour- 
aged and cherished as far as possible ; and to accomplish 
this more effectually, there should be such assurance of the 
authenticity of historical narrative as will secure credence 
in the facts it may contain; for who can feel ambitious to 
have his claims to public respect or gratitude, however cor- 
rectly stated, so mingled with falsehood and fiction as to 
involve the publication which records them in doubt or 
ridicule? Those persons therefore, who labor faithfully, 
but cautiously, to collect authentic historical knowledge, 
entitle themselves to the gratitude of society. It should 
ever be borne in mind, that the office of an historian is 
one of immense responsibility; that it always tells for 
good or for evil, and that he will be held responsible for 
the consequences of a want of fidelity. 



APPENDIX. 



APPENDIX. 



A. 

Application of Judge Symmes to Congress for a grant of western lands. 
(See Journal of Congress, Vol. XII, page 150.) 

" To His Excellency, the President of Congress. 

The petition of John Cleves Symmes, of New Jersey, showeth, that your 
petitioner, encouraged by the resolutions of Congress of the 23d and 27th of 
July last, stipulating the condition of a transfer of federal lands on the Scioto 
and the Mitskingum rivers unto Winthrop Sargent, Manasseh Cutler, Esquires, 
and their associates, of New England, is induced, on behalf of the citizens of 
the United States westward of Connecticut, who also wish to become pur- 
chasers of federal lands, to pray that the honorable the Congress will be pleased 
to direct that a contract be made by the honorable the Commissioners of the 
Treasury Board, with your petitioner for himself and his associates, in all 
respects similar, in form and matter, to the said gi'ant made to Messrs. Sargent 
and Cutler, differing, only in place where, and, instead of two townships for 
the use of an University, that one only be assigned for the benefit of an 
Academy. 

That by such transfer to your petitioner and his associates, on their comply- 
ing with the terms of sale, the fee may pass of all the lands lying within the 
following limits, to wit: Beginning at the mouth of the Great Miami river; 
thence running up the Ohio to the mouth of the Little Miami river; thence 
up the main stream of the Little Miami river to the place where a due west 
line to be continued from the western termination of the northern boundary 
line of the grant to Messrs. Sargent, Cutler & Co. shall intersect said Little 
Miami river; thence due west, continuing the said western line to the place 
31 



482 APPENDIX. 

where the said line shall intersect the main branch or stream of the Great 
Miami river; thence down the Great Miami to the place of beginning." 

(Signed) JOHN C. SYMMES. 

New York, 2M August, 1787. 

" Ordered, That the above petition be referred to the Board of Treasury, 
to take order." 



B. 

Terms of sale and settlement of Miami lands, published by John Cleves 
Symmes, Esq. at Trenton, Nov. 26th, 1787. 

To the respectable Public . 

" Whereas, the honorable the Congress, by their act of the 3d of October, 
1787, authorised the honorable the Commissioners of the Treasury Board to 
enter into a contract with the subscriber for the tract of land hereafter des- 
cribed, and upon the following conditions: the boundaries of the land are, viz. 
Beginning at the mouth of the Great Miami river, thence running up the Ohio 
to the mouth of the Little Miami river, thence up the Little Miami to the 
place where a due west line to be continued from the western termination of 
the northern boundary line of the grant to Messrs. Sargent, Cutler, and Com- 
pany, shall intersect the said Little Miami river, thence duo west continuing 
the said western line to the place where the said line shall intersect the main 
branch or stream of the Great Miami river, thence down the Great Miami to 
the place of beginning. 

The conditions are, that the tract shall be surveyed, and its contents ascer- 
tained by the geographer or some other officer of the United States, who shall 
plainly mark the said east and west line, and shall render one complete plat 
thereof to the Board of Treasury, and another to the purchaser or purchasers. 
The purchaser or purchasers, within seven years from the completion of this 
work, (unless the frequency of Indian irruptions may render the same in a 
measure impracticable,) shall lay off the whole tract at their own expense into 
townships, and fractional parts of townships, and divide the same into lots, 
according to the land ordinance of the 20th of May, 1785; complete returns 
whereof shall be made to the Treasury Board. The lot number 16 in each 
township, or fractional part of a township, to be given perpetually for the pur- 
poses contained in the said ordinance. The lot number 29 in each township 



APPENDIX. 483 

to be given perpetually for the purposes of religion. The lots number, 8, 11, 
and 26, in each township or fractional part of a township, to be reserved for 
the future disposition of Congress. One complete township to be given per- 
petually for the purposes of an Academy or College, to be laid off by the pur- 
chaser or purchasers, as nearly opposite to the mouth of Licking river as an 
entire township may be found eligible in point of soil and situation, to be 
applied to the intended object by the Legislature of the State. 

The price to be one dollar per acre for the contents of the said tract, except- 
ing the reservations and gifts aforesaid, payable in specie, loan office certifi- 
cates reduced to specie value, or certificates of liquidated debts of the United 
States, subject to a reduction by an allowance for bad lands, and all incidental 
charges and circumstances whatsoever, one-third of a dollar per acre; and in 
making payment, the principal only of the said certificates shall be admitted. 
And the Board of Treasury, for such interest as may be due on the certificates 
rendered in payment as aforesaid, prior to the 1st of January, 1786, shall issue 
indents for interest to the possessors, which shall be receivable in payment as 
other indents for interest of the existing requisitions of Congress; and for such 
interest as may be due on the said certificates, between that period and the 
period of payment, the said Board shall issue indents, the payment of which to 
be provided for in future requisitions, or otherwise. 

Such of the purchasers as may possess rights for bounties of land to the late 
continental army, to be permitted to render the same in discharge of the con- 
tract, acre for acre, provided that the aggregate of such rights shall not exceed 
one-seventh part of the land to be paid for; and provided also, that there shall 
be no future claim against the United States on account of the said rights. 

Two hundred thousand dollars of the purchase money to be paid down upon 
closing the contract, and two hundred thousand dollars more within one 
month after the delivery of the return or survey of the tract, to be made by 
the Geographer or other officer as aforesaid. The residue of the money to be 
paid by the purchaser or purchasers, in six equal half-yearly payments, to be 
computed from the time when the second payment becomes due, together 
with the interest thereon from the date of the second payment. 

When the second payment is made, the purchasers shall receive a deed for 
six hundred thousand acres, exclusive of the reserved and given lands, the sur- 
vey whereof to begin at the mouth of the Great Miami at one end, and at the 
intersection of the northern boundary line with the Great Miami at the other 
end, and extending eastwardly from the Great Miami on a meridian line to 
be drawn from north to south lengthways of the tract, until six hundred 
thousand acres exclusive of the given and reserved lots are included between 



484 APPENDIX. 

the Great Miami and such north and south line. Further proportional grants 
shall be made to the purchasers, from time to time, as the subsequent pay- 
ments are discharged, always drawing a line from north to south parallel with 
the first line, from end to end of the tract, until the whole of the land pur- 
chased be granted by deed to the purchasers, their heirs and assigns forever. 

The purchaser or purchasers on the payment of the first two hundred thou- 
sand dollars, shall have a right to enter and occupy a portion of the land not 
exceeding three hundred thousand acres, exclusive of the given and reserved 
township and lots, which privilege shall be enlarged from time to time, as fu- 
ture payments may be made by the purchasers. Thus far the agreement. 

The public, by the foregoing being made acquainted with the nature of the 
contract entered into between the honorable the Commissioners of the Trea- 
sury Board, and the subscriber, for himself and associates, the subscriber begs 
leave to communicate to such gentlemen as are desirous of becoming his asso- 
ciates, the scheme adopted for sale and settlement, which shall be considered 
as fundamental thereto, by every purchaser and settler. 

The first necessary measure is to raise two hundred thousand dollars in 
liquidated certificates in order to discharge the first payment, which must be 
made previous to any entry or settlement on the land. 

For this purpose, land warrants will be issued by the subscriber, or other 
person appointed, for any number of acres not less than one hundred and 
sixty, or a quarter part of a section, and always making the warrant for a 
township, section, or quarter part of a section, authorising the person pur- 
chasing the same, his heirs or assigns, to elect and choose, in his own person, 
or by his or their agents, such township, or lot, or quarter of a lot, as may be 
most agreeable to the holder of the warrant; provided the same township, or 
lot, or quarter of a lot be not previously located and entered on record by a 
prior applicant. 

A map, as accurate as can be drawn before an actual survey is made, may 
be seen with the subscriber, on which any person may make their election of 
a township, lot, or quarter of a lot, which shall be attended to, as far as may 
be possible, after the tract is surveyed into townships and sections, and the 
elected townships, lots, or quarters of lots, shall be noted in the true map of 
the premises as soon as the same can be made. When the survey thereof is 
accomplished, a plat or map of the land paid for at the Treasury Board, will 
lie before the Register at his office, to be kept on the ground, in which every 
township or fractional part of a township, will be fairly laid down and num- 
bered; and every township, lot, or quarter of a lot, when applied for at the 
Register's office, and nowhere else, after actual survey, shall be immediately 



APPENDIX. 48& 

recorded, as sold to the person or persons to whom the warrant belongs, which 
shall be produced to cover the sale. And the township, lot, or quarter of a 
lot, so elected, shall be marked on the map to prevent any mistake in a subse- 
quent location; provided always, that no section be divided when the warrant 
contains a sufficient number of acres to cover the whole section. 

Two-thirds of a dollar per acre, in liquidated certificates, exclusive of the 
interest due on such certificates, to be paid by the purchaser on the receipt of 
a land warrant; and for the interest due on all certificates, indents are to issue 
at the Treasury Board, which shall be returned by the subscriber to the right 
owners of such certificates : regular accounts thereof shall be kept. But the 
subscriber recommends, as the better way, that each holder of certificates 
should apply to the loan officer of the State in which he lives, and first draw 
up his interest fully, in indents or facilities before he presents them in pay- 
ment for the land warrant; yet, if this be inconvenient, the subscriber will see 
that justice is done touching the interest. 

After the 1st day of May next, the price of the land will be one dollar per 
acre, and after the 1st day of November next, the price will rise still higher, if 
the country is settled as fast as is expected. The certificates raised by this 
augmentation in the price, shall be applied towards the making of roads and 
bridges in the Purchase. 

One penny proclamation, or the ninetieth of a dollar, per acre, in specie of 
bills of credit of the States of New York, New Jersey, or Pennsylvania, must 
be paid by the purchaser at the time of purchasing the land warrant. This fee 
of one penny per acre is to defray the expense of surveying the country into 
townships and lots, agreeably to the land ordinance. And one farthing proc- 
lamation, or the three hundred and sixtieth part of a dollar, per acre, in specie 
or paper money aforesaid, to be paid by the purchaser to defray the expense of 
printing the land warrants, purchasing proper books for record, accommoda- 
ting and paying the Register for his services in attending to the recording of 
entries, and other incidental charges which will necessarily accrue. 

When a land warrant shall be for one quarter of a lot, or one hundred and 
sixty acres, the same shall always be taken and located at one corner of a sec- 
tion in a square with equal lines, and in no case shall the square of half a mile 
each way be departed from, except in those fractional parts of sections which 
may be rendered incomplete by the outside lines or boundaries of the Purchase; 
and the entry shall be made on the record accordingly, setting forth which 
corner or quarter part of the section is elected, and that quarter of the section 
shall be immediately stained on the map to denote its being located. 

The subscriber is very sensible that an inconvenience will arise from the 



486 APPENDIX. 

circumstance of adhering strictly to certain numbers of acres in a land war- 
rant, as few men can make the amount of their certificates tally exactly with 
certain given numbers of acres contained in a township, lot, or a quarter of a 
lot; and yet the measure is absolutely necessary, for if persons were to pur- 
chase any number of acres which was most convenient to them, and locate the 
same at their pleasure, it must follow that there would be left unlocated a 
number of small pieces and strips of land throughout the whole purchase, 
which would infallibly mar the design. In order, therefore, to remedy this 
inconvenience as far as may be, and provide a kind of change, a certificate 
of the surplus amount shall be given to the purchaser, certifying so much 
land paid for over the contents of the warrant delivered, which certificate or 
due bill shall be transferrable, and shall be received in payment, or credited 
when presented in the purchase of any subsequent warrant. A number of 
persons, however, may throw all their certificates together, and take a whole 
township, which they can divide among themselves according as each con- 
tributes. 

After location and entry is made on the record, the Register shall, as soon 
as the hurry of entering is over, proceed to make out a patent under his hand 
and a special seal for this purpose provided, to the purchaser for the township, 
lot, or quarter of a lot so located and entered, which shall be evidence of a 
transfer of the fee of such township, lot, or quarter of a lot to the patentee, 
his heirs or assigns, forever; for which service the Register shall receive one- 
third of a dollar in specie for each deed including but one lot or quarter part of 
a lot, and the sixteenth of a dollar more for every additional lot and lots, or 
quarter part of a lot, over the first six hundred and forty acres which shall be 
included in the patent or deed. 

Whereas, engrossing large tracts of land whereon no families are settled for 
a long space of time, has been found very prejudicial to the population of all 
new countries — in order to avoid this inconvenience, which has been greatly 
detrimental to the settlement of Kentucky, it is hereby provided that every 
locator shall have two years from the time of entering his location to fix or 
place himself or some other person or persons on the ground or in the coun- 
try at some station of defence, and begin an improvement on every section or 
quarter of a section which he may have located, if this may be done with 
safety; but if the locator shall neglect, for two years after location entered, to 
make a settlement on every section or quarter of a section which he may have 
located, or to settle some other person or persons thereon, or in some station, 
who shall continue to improve the same or live in such station for seven 
years, unless succeeded by others who shall supply their place, provided they 



APPENDIX. 487 

are not disturbed by the Indians for that period — in such case, one-sixth part 
of every such neglected section or quarter part of a section, to be taken off in 
a square at the north-east corner, shall be deemed forfeited, and shall revert to 
the Register for the time being, in trust, so far as to authorise him to grant the 
same gratis to any volunteer settler who shall first make application to the 
Register therefor, previous to any settlement being made thereon by the pro- 
prietor or locator, or some person for him; upon condition, however, that such 
volunteer settler proceed immediately to make an improvement, and shall con- 
tinue the settlement thereon, or live in some station in the country for defence, 
as is required of the proprietor or first locater. But in all such forfeitures, the 
forfeited sixth part shall be invariably taken at the north-east corner of the lot 
when entire, or quarter of a lot, so neglected to be settled, and shall be surveyed 
off in a regular square, all the lines being equal, the expense whereof shall be 
paid by the volunteer settler, who shall have the same recorded to him, the 
Register taking the ground on which such volunteer settler derives his right, 
and after seven years occupancy on the lot, or residence in some station of 
defence, making a reasonable abatement of time within that period if the Indians 
should prove troublesome, the Register shall proceed to make out a deed for 
such forfeited sixth part, always to be taken at the north-east corner, to such 
volunteer settler, whereby the fee of the land so forfeited shall pass to him, 
his heirs, or assigns, for ever; for which the Register shall receive the same 
fees as for other deeds. 

Little need be said to evince the propriety and justice of this measure, as it 
is reasonable that all who become purchasers should in some way contribute 
to the defence of the country by their own personal service, or by some other 
person for them. 

The difficulty of opening and making roads in the country is another heavy 
duty to which those purchasers who do not go there ought to contribute, 
thereby rendering the residue of their land more valuable. The settlement of 
one family on the forfeited sixth part will really make the remaining five-sixths 
of the section or quarter section worth more than the whole would be in a wil- 
derness. Perhaps some may think that two years is too short a time for 
making the settlement required; but if gentlemen will reflect on the danger 
from the Indians attending the first settlers, the great difficulties which those 
meet who first occupy a desert, the extent of the federal territory open in 
every quarter to emigrants, and that the value of land depends almost entirely 
on the number of its inhabitants, the subscriber believes that two years will 
be thought time sufficient for the purpose. The subscriber, having been in 
the Western Country, is so fully "persuaded of the great benefit that will re- 



488 APPENDIX. 

suit from this regulation, that he most cheerfully submits to it himself, and 
perhaps few will be more affected thereby. 

OfRcers and soldiers of the late American army who wish to have their 
bounty lands in this grant, will please to send their names, regiment, rank, and 
of what line, to Gen. Dayton, at Elizabethtown, or to one of the gentlemen 
hereafter appointed to receive the applications of purchasers. 

Ministers of the gospel, of every denomination of Christians, are cordially 
invited into the country, to enjoy the use of the lot number 29, in each town- 
ship, in such distribution as shall be agreeable to the parishioners. 

Schoolmasters who will settle on these lands, and are capable of discharging 
with propriety the duties of such instructors, shall enjoy the free use and bene- 
fit of the given lot number 16, in some one of the townships, so long as they 
shall severally pursue the business of educating the children of the parish, 
on such terms as shall be agreed between the master and his employers. 

All certificates and monies paid shall be returned, free of cost, to the pur- 
chaser of the warrant, in case of failure in raising the sum sufficient for the 
first payment to the Treasury Board; but on return of the certificates, the 
land warrants must also be returned to the subscriber, or to those gentlemen 
from whom they may hereafter be purchased. 

The subscriber hopes that the respectable public will not think it unreason- 
able in him, when he informs them that the only privilege which he reserves 
for himself, as a small reward for his trouble in this business, is the exclusive 
right of electing or locating that entire township which will be lowest down in 
the point of land formed by the Ohio and Great Miami rivers, and those three 
fractional parts of townships which may lie north, west, and south, between 
such entire township and the waters of the Ohio and Great Miami. This 
point of land the subscriber intends paying for himself, and thereon to lay out 
a handsome town-plat, with eligible streets, and lots of sixty feet wide in front 
and rear, and one hundred and twenty feet deep, every other lot of which shall 
be given freely to any person who shall first apply for the same, lot No. 1 be- 
ing retained, and lot No. 2, given away, and thus alternately throughout the 
town — upon condition always, that the person so applying for, and accepting 
of, a given lot or lots, shall, without evasion, build a house or cabin, on each 
lot so given, within two years after the date of the first payment made to the 
Treasury Board, and occupy the same by keeping some family therein, for the 
first three years after building. Every person who will accept of a town lot, 
as aforesaid, shall have the privilege of cutting, on the subscriber's adjacent 
land, as much timber for building as such donee shall need, during the terra 
of three years from the time when he first begins to build on his lot. 



APPENDIX. 489 

The subscriber begs leave to add, for the information of those who are un- 
acquainted with the country, that from his own view of this land, bordering 
on the river Ohio, and tlie unanimous report of all those who have traveled 
over the tract in almost every direction, it is supposed to be equal to any part 
of the federal territory, in point of quality of soil, and excellence of climate, it 
lying in the latitude of about thirty-eight degrees north, where the winters 
are moderate and no extreme heats in summer. Its situation is such as to 
command the navigation of several fine rivers, as may be seen by the maps of 
that country; boats are frequently passing by this land as they ply up and 
down the Ohio. There are no mountains in the tract, and, excepting a few 
hills, the country is generally level, and free from stone on the surface of the 
earth; but there are plenty of stone quarries for building. It is said to be well 
watered with springs and rivulets, and several fine mill streams falling from 
the dividing ridge into the two Miamies, which lie about thirty miles apart 
and are both supposed to be navigable higher up in the country than the 
northern extent of this purchase, so that the interior farms will have naviga- 
tion in the boating seasons, within fifteen or eighteen miles at farthest. Salt 
in any quantity, may be had by water within a moderate distance, at the salt 
works on the banks of the Licking river, which empties itself from the Ken- 
tucky side into the Ohio, between the two Miami rivers. Provisions for the 
first emigrants may be had very cheap and good, by water, from the Pitts- 
burgh, Redstone, and Wheeling settlements, or from the district of Kentucky 
which lies opposite to this Purchase, on the south-east side of the Ohio. The 
distance from Fort Pitt is about five hundred miles down a gentle river, navi- 
gable for boats of one hundred tons to the Mississippi, and down the Missis- 
sippi to the sea. In the district of Kentucky, which is separated from this 
Purchase by the river Ohio, about half a mile wide, the average price of land 
is half a dollar per acre, in specie, though a large proportion could not be 
bought under three hard dollars per acre; eight and ten shillings per acre are 
frequently given. For the quantity, a larger proportion of the lands on the 
Miamies, are supposed to be of the first quality, and the whole equally good, 
compared generally with those of Kentucky. The titles to the Miami lands 
will be clear and certain, and no possible doubt can arise. Whereas, on the 
Kentucky side, (military rights excepted) the titles of land are not easily as- 
certained, frequently very doubtful, and too often not well founded. 

It is expected that a considerable settlement will be begun on the land next 
spring> if the first payment to the Treasury Board can be made by that time. 

The honorable the Secretary at War, General Knox, having assured the 
subscriber of his friendly disposition to support the settlers against the In- 
32 



490 APPENDIX 

dians, by replacing a garrison of federal troops in the fort which is still re- 
maining on the land, at the mouth of the Great Miami, must greatly facilitate 
the settlement, and in some measure render safety to the first adventurers. 

A system of good government for that country is already formed by the hon- 
orable the Congress, and the principal officers of the government are appointed. 
His excellency, Governor St. Clair, and the honorable, the Judges of the Su- 
preme Court, go out early next spring, and they will carry with them whole- 
some laws, and the wisest regulations for promoting emigration to that coun- 
try, protecting and rendering happy all those who become peaceable settlers 
therein. 

The subscriber intends going out himself, and shall make it his study to en- 
courage and superintend the settlement of this Purchase, by causing the ut- 
most attention to be paid to every application, and aiding as far as may be in 
his power, all those who become either purchasers or settlers." 

Signed at Trenton, the 26th day of November, A. D. 1787. 

JOHN CLEVES SYMMES. 



c. 

Extract from the articles of agreement, executed in October, 1788, between 
the Board of Treasury of the United States, and John C. Symmes, and his 
associates, showing that the quantity of land first applied for by the Judge, 
which was estimated at two millions of acres, was reduced to one million, and 
the right to a College township thereby lost, and consequently not included 
in the contract. < 

" This Indenture of three parts, made the 15th day of October, in the year 
of our Lord, one thousand seven hundred and eighty-eight, between Samuel 
Osgood, Walter Livingston, and Arthur Lee, Esquires, Commissioners of the 
Board of Treasury of the United States of America, acting by and under the 
authority of the honorable the Congress of the said States, of the first part, the 
honorable Jonathan Dayton, and Daniel Marsh, of the State of New Jersey, 
Esquires, of the second part, and the honorable John Cleves Symmes, of the 
same State, Esquire, of the third: — Whereas, the United States in Congress 
assembled, in and by their several resolutions and votes of the 23d and 27th 
days of July, and the 23d day of October, in the year of our Lord one thou- 
sand seven hundred and eighty-seven, or some of them, did authorise and 



APPENDIX. ^9 1 

empower the Board of Treasury aforesaid to contract with any person or per- 
sons for grants of any tracts of land in the said resolutions mentioned, upon 
such terms and conditions, for such considerations, under such reservations 
and with such exceptions, as in the said resolutions and the papers therein re- 
ferred to, are specified and expressed. And whereas, by virtue of the said 
resolutions and votes, or some of them, the said parties of the first part have 
contracted and agreed with the said partie, of the second part, in behalf of the 
said John Cleves Symmes, and his associates, for the grant of a tract of land, 
hereinafter mentioned, that is to say: all that certain tract or parcel of land, 
situate, lying, and being in the Western country, adjoining to the river Ohio, 
beginning on the bank of the same river, at a spot exactly twenty miles dis- 
tant, along the several courses of the same, from the place where the great 
river Miami empties itself into the said river Ohio; from thence, extending 
down the said river Ohio, along the several courses thereof, to the Great Miami 
river; thence up the said river Miami, along the several courses thereof, to a 
place from whence a line drawn due east, will intersect a line drawn from the 
place of beginning aforesaid, parallel with the general course of the Great Mi- 
ami river, so as to include one million of acres within those lines and the said 
rivers; and from that place upon the said great river Miami, extending along 
such lines to the place of beginning, containing, as aforesaid, one million of 
acres," etc. 



D. 

Extract from the patent of John G. Symmes, and his associates, executed in 
September, 1794. 

"It is hereby declared, that one complete township or tract of land, of six miles 
square, to be located, with the approbation of the Governor, for the time being, 
of the Territory north-west of the river Ohio, and in the manner, and within 
the term of five years aforesaid, as nearly as may be, in the centre of the tract 
of land herein before granted, hath been, and is granted, and shall be holden, 
in trust, to and for the sole and exclusive intent and purpose, of erecting and 
establishing therein, an Academy and other public schools, and seminaries of 
learning; and endowing and supporting the same, and to and for, no other 
use, intent or purpose whatever." 



492 APPENDIX. 

E, 1. 

In the address of Governor St. Clair to the Territorial Legislature, on the 
25th of September, 1799, (see Journal of the House, page 9,) he stated to them 
officially, that Mr. Symmes and his associates, had failed to set apart a town- 
ship for the use of a college, as they were bound to do; but that " an attempt 
to do something towards, or in lieu of it, was made by Judge Symmes, on the 
24th of July, 1798, when he made an ofFer in writing, of the second town- 
ship, in the second fractional range of townships, in the before mentioned 
tract of land; and requested that it might be approved of, and proclaimed as 
the proper township, for the purpose of endowing an Academy. It appeared 
to me improper that that township should be approved, because it in no way 
answered the description of the one, granted in trust by his patent; and be- 
cause I had certain information, that claims lay to a considerable part of it, 
and that a suit in the Chancery Court of the United States, to compel a con- 
veyance, was actually depending." 



E, 2. 

In a subsequent communication, from the Governor to the Legislature, on 
the 21st of October, during the same session, (see Journal of the Legislative 
Council, page 32,) he laid before them a copy of a letter, addressed by him to 
John C. Symmes, on the subject of the College township, and particularly as 
to the offer he baa made, of the second township, of the second fractional 
range of townships, in the Miami Purchase, for the use of a College, from 
which the following is an extract: 

" I request you, therefore, sir, to take notice, that for the reasons above 
mentionedj to wit: that the title, to a part of it, at least, is in dispute, that it 
does not answer to the situation, called for in the patent, and that according 
to information, it is of very mean quality, which, if true, would defeat the 
purpose for which it was granted: the location of the second township, in the 
second fractional range of townships, for the purpose of creating therein an 
Academy, and other schools, and for endowing and supporting the same, is not 
approved, and cannot by me, be declared to be the lot, granted to you, in trust, 
for those purjioses; and I must request you, sir, as soon as may be, to point 
out another township, free from those objections." 



APPENDIX. ^3 

E, 3. 

After the township thus offered, had been rejected, first, by the Governor of 
the Territory, then by the Territorial Legislature, and subsequently by the 
Legislature of the State of Ohio, the Judge offered it a fourth time, to the 
Congress of the United States, by whom it was also rejected. The following 
are extracts, from the communication presented to Congress, by Mr. Symmes, 
on that occasion: 

" It cannot be forgotten, that no township for the purpose of a college, was 
granted by the original contract. As no township was given at first, it will 
be allowed, that the grantee had a right to sell any and every part of the Pur- 
chase, and he did sell indiscriminately. 

" After three and a half years, from the date of the original contract, had 
elapsed, and those lands that came within the patent, were pretty generally 
sold, Congress gave a township for the use of an Academy, to be located 
within the limits of the grant, as altered and designated by the act of the 12th 
of April, 1792. 

" The claim set up by Mr. Boudinot, to the College township, is vague and 
conditional; and, on his part, the conditions have never been fulfilled. That 
which he founds his pretensions upon, is a document, several months older 
than the original contract itself, and no lien on the land, can thence accrue. 
If he had lived up to the conditions of his contract, which he by no means 
did, yet his redress could only be personal, against the grantee, and not real; 
for no color of fee could pass, by the document which he holds. 

" This township was the only one, which, at the passing of the law, had not 
been broken by sales; not preserved entire, with design of presenting it as a 
College township; for no such township was expected, but by mere accident, 
it being that part of the Purchase, which the grantee had originally intended 
for himself; but which was afterwards agreed to be divided, between twenty- 
four proprietors, on each proprietor's paying a twenty-fourth of the purchase 
money to Congress; and from this cause lay unseveredand unoccupied, until 
the passage of the act of the 5th of May, 1792, giving one entire township for 
the use of an Academy." 



F. 

The contract between John Cleves Symmes and Elias Boudinot, executed on 
the 12th of March, 1788, for the sale of an undivided moiety of the second 
township of the second fractional range of townships in the Miami Purchase, 



494 APPENDIX. 

which had been reserved by the said Symmes for his own use, in the terms of 
sale and settlement of Miami lands, published at Trenton, may be found by any 
person having an interest therein, on the Records of Hamilton county. Book 
B, pages 107-8-9. 



G. 

The bill in equity filed by Ellas Boudinot against John C. Symmes, praying 
for a specific performance of his contract for the purchase of an undivided 
moiety of the second township, of the second fractional range of townships in 
the Miami Purchase, and the final decree rendered thereon, which ordered the 
defendant to execute and deliver to the said Elias Boudinot, a deed conveying 
to him in fee simple an undivided moiety of the said township, according to 
the prayer of his bill, may be found at large among the files of the Circuit 
Court of the United States for the district of Pennsylvania, at their May Term, 
1802. 



H. 

As an evidence of the state of feeling produced at Detroit, and in the county 
of Wayne generally, by the provision, contained in the act of Congress author- 
ising the formation of a Constitution for the State of Ohio, which excluded the 
people of that county from becoming a portion of the new State, and attached 
them to the Indiana Territory, the following letter, addressed to Mr. Burnet, 
of Cincinnati, is submitted to the public, being one of a number of the same 
character received by him from different citizens of Wayne county. 

The writer of the letter, who is now in his grave, was one of the most in- 
telligent citizens of that county, and a distinguished member of the Territorial 
Legislature. Others of a similar character might be given, were it necessary, 
but one will suffice — "ex uno disce omnes." 

Detroit, August 2d, 1802. 
Dear Sir : — I some time since received your favor of the 8th of June, but 
have not till now had an opportunity to answer it. Col. Cliobert showed me 
a letter from you upon the subject of the law turning us over into the Indiana 
Territory, which you mentioned in your letter to me. 



APPENDIX. 495 

We have not yet entered into any resolutions how to act in the business. 
The method you suggest, of electing members to the Convention, I fear, will 
be objected to by some, upon the principle of a doubt of success, and the cer- 
tainty of expences which must follow that event. 

Nothing frightens the Canadians like taxes. They would prefer to be treated 
like dogs, and kennelled under the whip of a tyrant, than contribute to the 
support of a free government. 

I have conversed with several leading characters, most of whom disapprove 
of the law, and are desirous of becoming a part of the new State, if possible. I 
believe they are generally convinced that the law is unconstitutional, so far at 
least as respects this county, it being a plain violation of the 5th article of Com- 
pact contained in the Ordinance of 1787. By that article, Congress have re- 
served to themselves the privilege of drawing the east and west line through 
the extreme of Lake Michigan, upon a contingency of erecting the Territory 
north of said line into one or more states; but no authority of passing us into 
another Territory. Should the western boundary line stand, regardless of the 
east and west line alluded to, the whole of the county of Wayne would be in- 
cluded in the new State; and as the law now stands, the whole of River Raisin 
settlement will be included therein, which produces a division of our county, 
and, I humbly conceive, its eternal ruin. But the ruin of five thousand in- 
habitants, when brought into competition with the interested ambition of a 
half-a-dozen aspiring individuals, whose intrigues have brought us into the 
present dilemma, can be of little consequence, according to the modern doc- 
trine of politics. 

We may thank our good friends. Judges Symmes and Meigs, and Sir 
Thomas, for what is done. They foresaw that the county of Wayne would 
be, probably, a dead weight against them. 

Unfortunately, the citizens of this county are too little practised in false 
pontics to answer their purposes. I did expect that Congress would not 
readily have interfered in the petty political squabbles of the Territory. But 
seeing how lightly the majority of that once respectable body have treated im- 
portant subjects, I am not surprised at what they have done with respect to us. 

You state in your letter that you cannot believe that the Convention will 
accept the law as it now stands, with the clogs that hang to it. 

I differ with you in opinion on that head— nay, I am persuaded, that were 
it ten times more degrading to the people of the Territory than it is, it would 
be greedily snatched at, by a majority, which, from the exclusion of the 
county of Wayne, they are sure of. But, sir, supposing the county of Wayne 
should elect delegates, and send them forward to the Convention, what secu- 



496 APPENDIX. 

rity would they have, of a bare protection ? Would they not feel the morti- 
fication of personal insults ? From the temper of a majority of the citizens of 
that place (Chillicothe) last winter, which you must know as well as myself, 
I really believe, that their persons would be in danger. At all events, I am 
not personally disposed to make the experiment. Yet I will do every thing in 
my power, to stir up the citizens of Wayne, to claim their violated rights. I 
thought that a petition, in the nature of a memorial, accompanied by an agent, 
would have every effect, that could be answered by sending delegates. If they 
should be determined, strictly to adhere to the law, neither would answer any 
purpose; and if they felt disposed to favor us, arrangements would be made for 
citing us. 

I am, dear sir, 

Your friend and humble servant, 
Jacob Burnet, Esq. SOL. SIBLEY. 

Cincinnati. 



I. 

SECRETARY'S OFFICE, ) 
Cincinnati, May 15th, 1802. I 
Gentlemen: — 

The last mail informed us that the Senate and House of Representatives of 
the United States have refused to recognize Belmont, Fairfield, and Clermont, 
as counties in the North-western Territory, and, by withdrawing their sanc- 
tion, have virtually communicated an opinion that the executive of the Terri- 
tory, in the present stage of our government, is not vested with the power of 
erecting new counties. 

You are not unacquainted with the tenure of my office. It is known to 
you that I derive my appointment from the general government ; that my 
pay and compensation are received from the treasury of the United States ; 
and that I am, of course, amenable to the national government for the faithful 
discharge of the duties attached to the office. Under these circumstances, my 
hands are completely tied up, and I am restricted from a compliance with your 
petition. The critical and delicate situation in which I am involved, by my 
desire to meet the wishes of my fellow citizens on the one hand, and by a 
sense of duty on the other, has given birth to sensations which it is easier to 
conceive than describe. You may rest assured, however, gentlemen, that your 



APPENDIX. 497 

petition will be laid before the Legislature at their next session, and the known 
sentiments of the members afford just ground for a belief that you will be 
gratified with a division of the county. 

In all events, I pledge myself to recommend it to the serious consideration 
of the Assembly, and to concur in the measure, if I continue to administer the 
government. 

Accept, gentlemen, the assurances of consideration with which I am, 
respectfully, your most obedient servant, 

CHARLES WYLLING BYRD. 
To the inhabitants of Hamilton county, residing north of the southern boundary of 
the third or military range, North-western Territory. 



K. 

House of Representatives, March 31st, 1802. . 

Debate on the report of the select committee respecting the admission of the 
Eastern division of the North-western Territory as a state into the Union. 

Mr. Fearing said — he should oppose this resolution, but not on the ground 
of expediency. As the business had been urged forward hastily, he had not 
had an opportunity of consulting his constituents, to many of whom he had 
forwarded the report of the select committee. He would therefore waive any 
remarks on the expediency of it until a bill was brought in, in the event of the 
resolution being agreed to, expecting, in the mean time, to hear from his 
constituents. 

But he was opposed to the resolution, on constitutional principles. He 
conceived Congress had nothing to do with the arrangements for calling a 
convention. It was not necessary, on general principles, or under the com- 
pact, that the Territory, in order to be admitted into the Union, should form a 
constitution. By the Compact, Congress can give their assent to admit the 
Territory into the Union before the population amounts to sixty thousand. 
Their power extends no farther. The Compact is the supreme law of the 
land, and is in the nature of a treaty. What it prescribes must be executed; 
but, as to arrangements not made in it, they may or may not be made, and 
they may be made either by law or by a Constitution, as the Territory may 
see fit. Can Congress exercise power given exclusively to the people ? He 
conceived it would be as great an encroachment upon their rights to say, they 



498 APPENDIX. 

should meet together in Convention and form a Constitution, as it would be to 
say so to any State in the Union. 

Gentlemen may say that this power is given to Congress by the consent of 
the people. The printed documents accompanying the report, if they mean 
any thing, mean to express the opinion of the people. [Mr. F. here quoted 
parts of a letter.] Now if this committee at Chillicothe speaks the voice of 
the Western Territory, the Congress have the right contended for; but this 
the citizens of other towns and counties will not admit. What example will 
the adoption of this measure hold out to the people of the Territory. If 
Congress violate the Compact, will not the people of the Territory have an 
equal right to violate it ? He hoped, for these reasons, that Congress would, 
on their part, preserve it inviolate. 

Mr. Griswold, of Connecticut. — " This is not the first project started this 
session, that goes to a consolidation and destruction of all the States. That 
this will be the effect of the present measure cannot, I think, be denied. What 
is the condition of the people of the Territory ? They are not, it is true, as 
to every purpose of government, a State ; but they have a complete Legisla- 
ture, as fully competent to legislate as the Legislature of Maryland, or any 
other Legislature in the Union. They are fully competent to the making of 
all laws to regulate the internal concerns of the government. Now these 
resolutions go to interfere with these internal concerns, and to regulate them 
by law. When the gentleman from Kentucky undertakes to decide the terms 
on which the members of the Convention shall be chosen, I ask him, where is 
the power ? Are not the powers of the Territorial Legislature as full as those 
of the Legislature of Maryland, and have we not as good a right to interfere 
with the state concerns of Maryland, as to interfere with the concerns of the 
Territory ? I call, then, upon gentlemen to say, whether they are willing to 
sanction a principle that goes to the length of the consolidation of these States? 
We have the determination of the Legislature of the Territory, that it is not 
desirous of forming a constitution at this time. If, then, we go abreast of the 
determination of one Legislature, why not of another? If we go abreast of that 
of the North-western Territory, why not go abreast of that of Maryland? If, 
too, you may legislate for these people before they are admitted into the Union, 
you may also legislate for them afterwards. If you do not like the constitution 
they now form, you may pass a law for another Convention. 

By a parity of reasoning, you may force down a constitution on Connecticut, 
and say that, as they have no written constitution, you will give them one. 
Acting under such a principle, there can be no stopping place — you may go any 



APPENDIX. 499 

length. If you interfere with the authority vested in others, you 7nay go any 
length, and that consolidation of the States, which some gentlemen wish to 
see effected, will be accomplished. I am, therefore, on constitutional grounds, 
opposed to these resolutions. I do not inquire into the expediency of the 
measure. Let the people judge of this. If they wish a constitution, I have no 
objection ; but I would not impose upon them what the Compact does not 
warrant, nor would I impose arbitrary power upon them any more than upon 
any of the States. 

The report says — "Resolved, That provision ought to be made by law for 
calling a Convention within the eastern division of the Territory, composed 
of members to be apportioned among the several counties therein, in a ratio of 

one representative for every inhabitants of the said counties, according 

to the last enumeration of the inhabitants thereof," &c. 

I understand the project is, to portion out the people into districts to choose 
members of the Convention, and I say that, as you have not the power, it is 
arbitrary and unjust. 
* * * *** * * » 

I have long been persuaded that when gentlemen are determined upon any 
particular measure, they can readily find pretexts for it. The Constitution is 
brought to their aid, though the fact is, the Territory existed before the Con- 
stitution was formed. The people of the Territory never consented to it, nor 
are they bound by any part of it which gives more power to the Federal 
Legislature than is given by the Compact. Their rights under the Compact 
cannot be taken away by any provisions of the Constitution to which they 
were not a party. I shall therefore lay the Constitution totally out of the 
question. 

The gentleman from Maryland and myself agree in one or two points. We 
agree that it is competent to Congress to admit the Territory into the Union, 
before it has attained a population of sixty thousand. If this were the sole 
object of the resolutions, I would agree to them. 

We agree in another point, that Congress has not the right to impose a 
Convention upon these people without their consent. The question then is, 
whether it is, or is not, the object of these resolutions to impose a Convention. 
Let us turn to the third resolution, which is calculated in express words for 
calling a Convention by a law of the United States, and taking the population 
of the last census as the basis of representation. If the principle be a sound 
one, that we have a right to impose a Convention on the people of the Terri- 
tory without their consent, how are the opinions of the people on the calling 
of the Convention to be obtained ? How is their consent to elect delegates to 



500 APPENDIX. 

be obtained ? The consent expressed on the face of the petition before you 
cannot be said to be a legal consent. How else, then, can such consent be 
obtained ? I answer, in no other way than by an act of the Territorial Legis- 
lature, or by going round to every man in the Territory and obtaining his 
opinion. 

If this be left undone until the election for members of the Convention, the 
result will be a partial expression of the public mind ; for one man may vote, 
and another refuse to vote. Thus you may get a partial Convention, composed 
of a few demagogues. I say, therefore, that however defective the provisions 
of the Compact, you must obtain the consent of the Territorial Legislature 
before you take the step of calling a Convention. Believing the inevitable 
effect of these resolutions will be to impose a Convention on the Territory, I 
am justified in saying they involve an usurpation of power by the United 
States — a power not belonging to them. If the resolutions amount to any 
thing, they amount to this. 

If gentlemen will first obtain the consent of the Territory in a proper 
mode, though their population does not amount to sixty thousand, I will con- 
sent to their admission into the Union. I am disposed to let them act for 
themselves — to divide or not divide the Territory into States, as they please; 
but I am against imposing any thing upon them contrary to their will. 
They are more deeply interested than we are in the establishment of a pro- 
per form of government. They, and not we, are to be bound by it. They, 
then, ought, in its establishment, to act for themselves, and not we for 
them. I contend that such a measure is extraordinary in this country. I 
know that it has been practiced in other countries. I know that in Swit- 
zerland, and in Holland, the people were told by the Republic of France they 
had bad Constitutions which required alteration, and that the Republic, 
with sisterly kindness — without asking their consent — imposed conventions 
upon them, which formed entirely new systems of government ; but I trust 
the same thing will not be done here. 

I do not think it necessary to inquire into the expediency of this meas- 
ure, as I have no objection to give my consent to the admission of the 
Territory into the Union, even without a population of sixty thousand, if 
wished for by the people ; though I have no idea that the people will be 
benefited by it, as they will then have taxes to pay from which they are 
now exempt. But I do not consider this as a proper objection for us to 
make, as it ought to rest with the people to say whether they are willing 
to pay those taxes. 

I say, again, we have no right to impose a Convention. I believe the 



APPENDIX. 501 

principle upon which we take this step goes the full length I have stated, 
and may, if adopted in relation to the Territory, be applied to all the States. 
The powers of the Territory are, on this head, as complete as those of the 
States. If we interfere with the first, we may interfere with the last." 



At a public meeting of the citizens of Dayton, and its vicinity, held at 
Dayton, on the 26th of September, 1802, a resolution was adopted unani- 
mously, and published by order of the meeting, in the Western Spy, from 
which the following is an extract : 

" We consider the late law of Congress for the admission of this Territory 
into the Union, as far as it relates to the calling a Convention, and regulating 
the election of its members, as an act of legislative usurpation of power pro- 
perly the province of the Territorial Legislature, bearing a striking similarity 
to the course of Great Britain imposing laws on the provinces. We view it as 
unconstitutional, as a bad precedent, and unjust and partial as to the represen- 
tation in the different counties. 

" We feel for our fellow-citizens in the county of Wayne, who have relin- 
quished their allegiance to the crown of Great Britain, and become American 
citizens, firmly attached to the interests of this Territory; and we hope they 
rnay not be transferred against their wishes to the Indiana Territory, at the 
moment they expect with us to enter into an independent State government, 
and to enjoy the privileges of a free people. We conceive that Congress was 
unwarranted in transferring that portion of the Territory, against its consent, 
from the last step of the second grade of government back to the first, and 
transferring them to another government and another people. 

" We wish our Legislature to be called immediately to pass a law to take 
the enumeration; to call a Convention; and to regulate the election of mem- 
bers to the same, and also the time and place for the meeting. 

" Under the existing laws, we are not enabled to elect members to the 
Legislature and to the Convention, as the elections for both are ordered on the 
same day, and as to us, at places fifty miles apart." 

The resolution also expressed a wish that the Convention, when met, should 
ask of Congress an alteration of the Ordinance relating to the division of the 
Territory, so as to include the country to the foot of the rapids of the Ohio 
in one State, subject to become two States, as soon as a majority of the citizens 
inhabiting the same might deem it expedient. 

THE END. 






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